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MEMOIR 



OF 



THOMAS ADDIS EMMET, 



BY 



V 
CHARLES GLIBDEN HAINES; 



WITH A BIOGRAPHICAL NOTICE 



OF 



MR. HAINES. 



NEW YORK: 

G, & C. & H. CARVILL. 



1829. 

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■: D% ■■., < i ■■/ -n ■' 1 lark, §t . 
Be it remembered, That on the 23d daj ol May, A. D. 1829, ii« 
the 53d year of the Independence of the United States of America. 
Sleight & Robinson, of the said District, have deposited in this office 
the title of a hook, the right whereof they claim as Proprietors, in 
the words following, to wit: "Memoir of Thomas Addis Emmet, by 
Charles Glidden Haines ; with a Biographical notice of Mr. Haines." 
In conformity to the Act of Congress of the United States, entitled 
" An Act for the encouragement of Learning, by securing the copies 
of Maps, Charts, and Books, to the authors and proprietors of such 
copies, during the time therein mentioned." And also to an Act, 
entitled " An Act, supplementary to an Act, entitled an Act for the 
encouragement of Learning, by securing the copies of Maps, Charts, 
arid Books, to the authors and proprietors of such copies, during the 
times therein mentioned, and extending the benefits thereof to the 
^ its of designing, engraving, and etching historical and other prints." 

FRED. J. BETTS, 
Clerk of the Southern District of iWew York. 



Sleight & Robinson, Printers' 



J> :.t 



«/ 



PREFACE. 



The Memoir of Mr. Emmet, which is contained ifi 
this little volume, is probably the best memento which 
now remains of its author, excepting only the remem- 
brance which is treasured up by his friends of the noble 
features of his character. This renders it but a just tri- 
bute to the memory of General Haines, to allow those 
pages to meet the public eye, which, of all that he pro- 
duced in the hour of his short and hurried life, are per- 
haps the most creditable to his powers of mind. It will 
also be no small gratification to those who loved and es- 
teemed him, to find his name thus associated with one, 
whom, living, he delighted to honour, and who was so 
eminently the pride and ornament of the profession in 
which General Haines was himself enrolled. Nor can it 
be doubted that any sketch of the life of Mr. Emmet, 
drawn by one so competent to the task, however want- 
ing in those minute details of event and circumstance 
on which the eye of friendship loves to dwell, will never- 
theless be an acceptable tribute to his memory. The cir- 
cumstances too, under which the memoir was drawn up, 
were such as to stamp it with a peculiar value ; for it 
was at Washington, during the winter of 1824, while 
both were attending the Supreme Court of the United 



States, that Mr. Haines obtained the facts of his narra- 
tive from Mr. Emmet himself, at that time lodging in the 
same house. With his wonted promptness, Mr. Haines 
immediately committed them to writing, and as he sup- 
posed, with the knowledge, or strong suspicion of Mr. 
Emmet, who did not, as Mr. Haines remarked, on that 
account, assume the more reserve, but rather the greater 
freedom. Thus the authenticity of the memoir is placed 
beyond question ; every circumstance it contains being 
derived from the best possible source, 



BIOGRAPHICAL KOTICK 



OF 



MR. HAINES. 



Charles Glidden Haines, was born at Can- 
terbury, in the state of New Hampshire, about 
the year 1793. His father, who is still living, is 
a respectable farmer, in humble circumstances, 
but endowed with a remarkably strong mind, 
improved by the common school education of 
New England. His just and energetic habits of 
thought doubtless exerted great influence on the 
the mind of his son, by calling its powers into ac- 
tivity at an early age, and thus in some measure 
compensated for the absence of those opportuni- 
ties of education, which the limited means of the 
family put out of their reach. Charles passed 
the years of his boyhood in his father's house, 
working on the farm in summer, and attending 
the village school in winter. Tt is probable that 



(> BIOGRAPHICAL NOTICE 

this mode of life did not please him, and that while 
yet a boy some visitings of an ambitious spirit 
made him seek other employment of a less humble 
character; for about the age of fourteen, we find 
that he had obtained the situation of a clerk in 
the office of Col. Philip Carrigain, at that time 
Secretary of the State of New Hampshire. While 
a mere copyist in the office of this gentleman, his 
desire to be distinguished in every occupation in 
which he was engaged showed itself in the ac- 
quisition of a beautiful hand-writing. It was al- 
so at this period, that the first evidence appears 
of any interest in military affairs ; for on the for- 
mation of a military company of young lads, 
Charles was chosen captain. 

Beyond this, it is not known to the writer of 
this notice, what were the amusements in which 
young Haines indulged himself, or by what stud- 
ies if any, he sought to improve a portion of his time 
while in the office of Col. Carrigain. It is pro- 
bable that the confinement and duties of a copy- 
ist were enough to engross all the hours which a 
lad would willingly devote to serious pursuits. 
That he acquired no disinclination for study is 
evident ; for on the appointment of Col. Carri- 



OF CHARLES 6. HAINES. ( 

gain to prepare a map of the state, and his con- 
sequent resignation of his office of Secretary, 
young Haines partly by his own exertions, and 
partly by the assistance of his friends, prepared 
himself for college, and was admitted at MkW 
bury, Vermont, in 1812. He passed through f he 
usual routine of academic study with credit, and 
was graduated in 181G.* 

In consequence of unremitted application, his 
health had become feeble, and it was recom- 
mended to him to take a journey on horseback. 
It was on this occasion that he first visited the city 
of New York. He brought letters of introduc- 
tion to Sylvanus Miller, Esq. who at that time 
filled the office of Surrogate. This gentleman 
received the young invalid with hospitality, and 
was charmed with the frankness and enthusiasm 



* Col. Carrigain was a gentleman of fortune and libe- 
ral education. He was a distinguished patron of youths 
of talent. Among the fellow-clerks with young Haines, 
was one who is now the successor of Col. Carrigain in 
the office of Secretary ; a second, a distinguished literary 
gentleman of this city, who not long since published his 
Letters from Europe, and the third is a merchant of re- 
spectability in Boston. 



8 BIOGRAPHICAL NOTICE 

of his character. Mr. Haines continued his jour- 
ney as far as Pittsburg in Pensylvania. 

He returned to Vermont much recruited by his 
excursion, and began the study of the law in the 
town of Middlebury under the direction of Hon. 
Horatio Seymour, now of the Senate of the Uni- 
ted States. He did not confine himself, even at 
this period, exclusively to professional pursuits, 
but was an assistant editor of the leading journal 
of the state of Vermont, then published in Mid- 
dlebury. It is probable that he would not have 
resorted to this employment so soon after the com- 
mencement of his legal studies, if he had pos- 
sessed other means of subsistence ; and who can 
say, that his whole subsequent life did not receive 
its colouring from this early introduction upon 
the arena of political warfare ? Nor did he shun 
military office ; for he was appointed at this pe- 
riod an aid-de-camp of the governor of Vermont. 

The year 1818 brought Mr. Haines to the city 
of New York, and thenceforward we find him mov- 
ing in that sphere in which he seemed to centre 
his pleasure and his ambition. What were the 
immediate motives for his selection of this metro- 
polis ns his place of residence, is not discovera- 



OF CHARLES G. HAINES. U 

ble. But the general reason is sufficiently obvi- 
ous. It was a wider sphere of action than was af- 
forded by any other city in the Union ; and all 
who knew the aspiring temper and restless am- 
bition of Mr. Haines, will ask no other reason 
for his choice. On coming to this city he again 
visited Judge Miller, who had treated him with 
kindness and hospitality on his former journey, 
and through the introduction of that gentleman 
he entered the office of Pierre C. Van Wyck, 
Esquire, as a student at law. 

If the circumstances among which Mr. Haines 
was previously thrown had given his mind a bias 
towards political life, much more did his associa- 
tion with Judge Miller and Mr. Van Wyck tend to 
that result. At the time we speak of, the two 
great political parties in New York were the sup- 
porters of Tompkins and those of Clinton. The 
kind patrons of Mr. Haines were the warm per- 
sonal friends of the latter. Mr. Haines had long 
admired the character of Gov. Clinton, and had 
now the opportunity of becoming personally ac- 
quainted with him. The impression made upon 
the mind of Gov. Clinton, was much in favour 
of his young friend, for Mr. Haines was soon after 



10 BIOGRAPHICAL NOTICE 

appointed to the confidential station of private 
secretary to the Governor. The duties attached 
to this office made it necessary for Mr. Haines to 
pass the winter at Albany. Here he necessarily 
became involved in the schemes and contentions 
and anxieties of political life. Yet so great was his 
address, or so happy his temper, that he was be- 
loved by both parties for his generous feelings and 
polite deportment. In his political strifes there 
was no malice or hatred. Independent himself, 
he admired a firm and manly character in others, 
Mr. Haines now took an active part in the local 
politics of the state. He wrote much for the news- 
papers on various topics, chiefly those of immedi- 
ate interest. This occupation of course inter- 
fered in no small degree with his legal studies. 
At the expiration of his clerkship, in the spring 
of 1821, he was admitted to the bar, and then be- 
gan sensibly to feel his want of that legal science 
which can only be obtained by close and long 
continued application. 

Few men have their minds under a discipline 
sufficiently rigid, to prevent the political excite- 
ment they have greatly contributed to raise from 
disqualifying them, at least for a time, for severe 



OF CHARLES G. HAINES. 11 

legal study. And Mr. Haines was never wholly 
free from interruptions arising from his political 
connexions. However deeply he might at times 
feel his want of greater stores of professional 
knowledge, occasions were perpetually occurring, 
where other claims were of more pressing and ur- 
gent interest. 

It is well known that the canal policy of the state 
of New York is identified with the name and in- 
fluence of Gov. Clinton. Mr. Haines was natu- 
rally friendly to the same policy, and during the 
first year of his residence in New York produced 
a pamphlet, in which he took an elaborate review 
of the probable expense and advantages of the 
great Western Canal.* Shortly after his admis- 
sion to the bar he prepared a larger work on the 
New York Canals, consisting chiefly of the most 
importment public documents on the subject, and 



* This was entitled, "Considerations on the Great 
Western Canal, from the Hudson to Lake Erie, with a 
view of its expense, advantages and progress. It was 
afterwards twice within a few months republished by 
the New York Corresponding Association for the Pro- 
motion of Internal Improvements, 1818 — 19. 



12 BIOGRAPHICAL NOTICE 

prefaced by an introduction, in which he displayed 
great industry and research.* 

After this he secluded himself almost entirely 
from society, and applied himself closely to pro- 
fessional studies. Few men labour more assidu- 
ously than did Mr. Haines for three years after 
his admission to the bar, and until attacked by the 
complaint that proved fatal to him. Entirely free 
from all avaricious views, he did not seek profes- 
sional business as a a source of emolument, but 
rather as a means of exercising his talents. Yet 
although above every little art, he had from the 
first a good share of business as a lawyer. Be- 
sides attending to this, he uniformly made it a 
point to read law three hours a day, and spent his 
evenings and nights, to a very late hour, in the 
study of history and political science. It was his 
habit to make copious abstracts of the books he 
read, adding his own remarks ; and the amount 
of what he accomplished in a few years is truly 
surprising. 

* This work was also published by direction of the 
same Association, and is entitled, " Public Documents re- 
lating to the New York Canals," &c. 1821. . 



OF CHARLES G. HAINES. 13 

Mr. Haines was not an exact practical lawyer. 
He did not covet that character ; but while he was 
familiar with the general doctrines of the law, he 
devoted his earnest attention to questions, involv- 
ing the principles of our federal and state constitu- 
tions. It was therefore in the courts of the United 
States, where all the important doctrines regard- 
ing our national compact are agitated and deter- 
mined, that Mr. Haines desired to appear and be- 
come eminent. His studies had a constant tend- 
ency to this object. Among the manuscript pa- 
pers he has left behind, there is a minute abstract 
of the " Federalist," beside several volumes filled 
with quotations, and occasionally with complete 
abstracts, of works on kindred subjects. In the 
unusually short space of three years from his ad- 
mission to the New York bar, he was admitted as 
a counsellor of the Supreme Court at Washington. 

He probably procured admission at that time, in 
consequence of having been retained as counsel 
in the important case of Ogden versus Saunders, 
which involved the constitutionality of the state 
bankrupt laws. On its decision, of course, de- 
pended the fortune of thousands of individuals, 
and the title to millions of property. Messrs. 



14 BIOGRAPHICAL NOTICE 

Clay and D. B. Ogden were his senior counsel in 
that cause, and Mr. Webster and Mr. Wheaton 
were the opposing counsel. Such a topic and 
such a competition were well adapted to call forth 
the full energies of a man less ambitious than Mr. 
Haines. He did not fall below the sanguine ex- 
pectations of his friends. The impression he 
made on his learned auditors was favourable. His 
argument for the constitutionality of the state 
bankrupt laws was the fruit of long and laborious 
preparation. It was afterwards printed, and does 
credit equally to his industry, his learning, and 
his good sense. It is throughout vigorous and man- 
ly, and in a great degree free from that loose and 
declamatory style of thought and expression, 
which, from great haste in composition, is too often 
discernible in his other productions. 

That Mr. Haines had no distaste for pursuits ex- 
clusively professional, is evinced by the interest he 
took in a periodical work, called the "United States 
Law Journal", which was published in 1822 and 
1823. He not only assisted in superintending its 
publication, procuring articles from his friends, 
and examining those which were contributed, but 
himself wrote several valuable essays. The prin- 



OF CHARLES G. HAINES. 15 

cipal articles from his pen are on " Penal Juris- 
prudence", and " Equity Jurisprudence in the state 
of New York." 

From the short period of time that he lived after 
entering the practice of the law, it would be dif- 
ficult if not unjust to draw any decided inference 
as to his legal talents. They were never fully 
tested. And it is impossible to estimate the effect 
which might have been produced upon a mind so 
aspiring and indefatigable as his, by long con- 
tinued practice at the bar. His early education 
had been hurried and deficient. His powers of 
thought had not been tasked by rigorous trains of 
mathematical and metaphysical reasoning. Thus 
his mind had never been disciplined to that seve- 
rity and exactness of thought, which go to form 
a truly able lawyer. Yet his mental processes 
were just, rapid and vigorous, and even when com- 
peting with men of the highest legal attainments, 
his previous diligent preparation made Mr. Haines 
always respectable.* 

* In professional business Mr. Haines was successively 
the partner of Sylvanus Miller, Richard J. Wells, and 
Andrew S. Garr, Esquires.. 



16 BIOGRAPHICAL NOTICE 

From his first residence in New York till his 
death, Mr. Haines courted every suitable occasion 
to exert his talents as a speaker. He doubtless 
considered eloquence as a mighty engine of use. 
fulness and power, and in this view coveted its 
possession, rather than from any peculiar impulse 
of his genius towards the art.* 

He often spoke in the " Forum", a society of 
young lawyers who met at the City Hotel for pub- 
lic debate ; and that he took a prominent part in 
the society appears from the fact of his having 
been chosen to deliver the valedictory address at 
a suspension of their meetings in the spring of 
1819. He was also frequently called upon to ad- 
dress public assemblies upon various topics which 
for the moment interested the community. He free- 



* His speeches were in general well received, yet Mr. 
Haines was not remarkable for the grace of his manner, 
or the excellence of his voice. But he was animated and 
manly, and had an uncommon fluency of expression. His 
style was popular and declamatory, rather than purely fo- 
rensic, and he was of course better fitted to address the 
passions and feelings of a mixed assembly, than to argue 
a dry question of law before a learned court. 



OF CHARLES G. HAINES. 17 

ly lent his aid to the various institutions of charity 
and reform, giving without reserve to many of 
them his time, his labour, and his money. Bene- 
volence, morality, and good order found in him a 
ready champion. He did not merely accede to a 
request that he would make an address, and satis- 
fy himself with a slight preparation, or the utter- 
ance of a few extemporaneous remarks ; but he 
retired to his chamber, and spared himself neither 
time nor pains in the investigation of his subject. 

In general he wrote out the substance of his in- 
tended speech at length. As the views he took 
of his subject were large, his efforts of this kind 
never disappointed expectation, and were fre- 
quently honourable to his talents as well as to his 
good feelings. Among the topics of this nature 
on which he wrote and spoke with effect, maj 
be particularly mentioned " Pauperism", and the 
" Penitentiary System. " His useful exertions for 
the cause of humanity in relation to these subjects 
will be long rememberd by those who witnessed 
them. 

Whatever had for its object the improvement 
and prosperity of his adopted city or state, found 
in Mr. Haines a. zealous supporter. His valua- 



18 BIOGRAPHICAL NOTICE 

ble writings on the New York canals have already- 
been mentioned. He was a trustee of the Free 
School Society, and an efficient labourer for the 
New York Agricultural Society, of which he was 
a manager. He took an active part in the efforts 
made in New York in 1823, for the regulation of 
the Auction System by congress. A very large 
meeting was convened at the City Hotel, embrac- 
ing nearly three thousand persons, and Mr. Haines, 
at the request of a committee of merchants, made 
an address, which was published in all the daily 
papers, and afterwards in a pamphlet, and was 
considered as giving a brief, clear, and compre- 
hensive view of the subject. 

Although Mr. Haines shared in the public feel- 
ing on topics of practical interest, yet they did not 
call forth from him that ardent zeal, that untiring 
industry, which he devoted to political affairs. It 
has been seen that even before he came to New 
York, he was engaged in publishing a political 
journal, and that immediately on taking up his re- 
sidence in that city, he became closely connect- 
ed with the party which supported Gov. Clinton. 

That gentleman, after having ably administered 
the government of the state for five years, found 



OF CHARLES G. HAINES. 19 

it expedient to decline a contest for the office of 
governor in the fall of 1822. So complete was the 
triumph of the opposite party, that it seemed to 
many cool observers of the times, that Mr. Clin- 
ton's star had set, never to rise again. The ma- 
jority which the opposite party could command 
was for eighteen months overwhelming. This pe- 
riod of darkness and despondency, when all the 
summer friends of Mr. Clinton deserted him, was 
honourable to the constancy and uprightness of 
Mr. Haines. Never forsaking his friends, but pre- 
ferring, as he often remarked, to fall that he might 
rise with them, no man more thoroughly than him- 
self and his friend Mr. Van Wyck despised the 
conduct of those, who shaped their language and 
principles to suit the political changes of the day. 
It is but justice to affirm, that in honesty, firm- 
ness, independence and unchanging friendship, 
Pierre C. Van Wyck was not surpassed by any 
of ancient or modern times. He found a kindred 
spirit in Mr. Haines. Unawed by the storm of 
temporary unpopularity which assailed Mr. Clin- 
ton, they boldly declared, that a man of his genius 
and ability, although for a season thrown into ob- 
scurity by party strife and change, would sooner 



20 BIOGRAPHICAL NOTICE 

or later be again called into public life and public 
favour. The event justified the sagacity of their 
prediction. 

But the success of the Clintonian party was not 
achieved without an arduous struggle. Mr. Haines, 
encouraged and aided by a few ardent and deter- 
mined spirits, carefully observed the progress of 
events, ready to take advantage of every favour- 
able occurrence. Early in 1824, the party in 
power thought themselves sufficiently strong to 
be able to remove Mr. Clinton entirely out of 
public employment, and accordingly ventured to 
deprive him of the office of Canal Commissioner. 

This was a fatal step. However easy it might 
be for the ruling party to justify measures of a 
general nature, differing from the policy before 
pursued by Mr. Clinton, it was impossible not to 
perceive in this instance an act of personal injus- 
tice to that distinguished man. If any one had 
been a zealous and consistent and persevering 
advocate of the great western and northern ca- 
nals, under all circumstances, through evil report 
and good report, it was De Witt Clinton. He 
had for several years been one of the Canal Com- 
missioners, and had most laboriously and faith- 



OF CHARLES G. HAINES. 21 

fully discharged its duties, without any pecunia- 
ry compensation. It was natural, therefore, that 
there should be a universal ontcry at the injustice 
of his removal. A meeting of the citizens of New 
York was called on this occasion, which from the 
vast concourse that assembled was obliged to 
leave the City Hall, and hold their proceedings in 
the park. Mr. Haines addressed this audience 
for about half an hour, and was heard with great 
applause. It is also worthy of note, that he was 
the only speaker on that occasion who could com- 
mand the attention of the people. 

Another very unpopular measure, of a general 
character, was adopted by the ruling party in 
refusing to alter the law regulating the choice of 
electors of President, when the alteration was 
loudly called for by the voice of public opinion. 

This refusal deprived the people at large of the 
privilege of choosing electors, and retained it in 
the legislature. Mr. Clinton was known to have 
been uniformly the supporter of the district sys- 
tem, by which the choice is thrown upon the peo- 
ple. 

The friends of Mr. Clinton did not fail to take 
advantage of these and other impolitic measures 



22 BIOGRAPHICAL NOTICE 

of the opposite party and to vindicate the policy 
of their own leader. Mr. Haines was indefatiga- 
ble in the pursuit of this object. He wrote in- 
cessantly for the newspapers, collected meetings, 
for which he prepared resolutions, and supported 
them by speeches, and in short, by a continued 
series of efforts was an efficient agent in producing 
and guiding a reaction of the public mind in favour 
of De Witt Clinton. He was among the first to 
propose, and the most strenuous to advocate the 
meeting of a convention at Utica for the purpose 
of recommending Mr. Clinton's re-election as go- 
vernor, in opposition to the nomination of Col. 
Young, by a legislative caucus at Albany. 

This convention met on the 21st of September, 
1824. The Anti-Clintonians having succeeded 
in excluding Mr. Haines from the delegation of 
New York city, he obtained a seat in the conven- 
tion as delegate from the adjoining county of Rich- 
mond. In this body Mr. Haines appeared to feel 
himself in his proper element. He had been main- 
ly instrumental in procuring the meeting, and he 
now had the happiness to find himself seconded 
by a highly respectable assembly in which every 
part of the state was represented. When it is re^ 



OP CHARLES G. HAINES. 23 

membered that this convention was chiefly com- 
posed of men of mature years and long experi- 
ence in affairs, the personal influence which Mr. 
Haines exerted is surprising. That a man so 
young, and who had only been an inhabitant of 
the state for about six years, should take so pro- 
minent a part as he did on that occasion, is no 
small proof of political talent and address. A vio- 
lent effort was made to induce the majority to a- 
bandon Mr. Clinton. This occasioned a zealous 
defence of that gentleman by several members, 
and by none more warmly than Mr. Haines, who 
made two speeches of some length, in which he 
maintained the claims of his favourite candidate 
to public support with no little vigour and elo- 
quence.* 

* These speeches were shortly afterwards published by 
the friends of Mr. Clinton. The following short extract 
is a favourable specimen of Mr. Haines' style on such oc- 
casions. 

"It was not every man who could preside over the af- 
fairs of a great commonwealth with competent ability. 
To guide the fortunes of a state filled with nearly two 
millons of people, animated by intelligence, and borne on 
by enterprise ; to concentrate and direct, her energies to 



24 BIOGRAPHICAL NOTICE 

Opposition was silenced, and the result of the 
meeting was a unanimous recommendation of 
De Witt Clinton as the next governor of the 
state. The confidence of the convention in Mr. 
Haines was manifested in placing him on two 
committees appointed to carry their views into 
effect. 

Mr. Haines had the gratification to see his ef- 
forts in behalf of Mr. Clinton crowned with tri- 
umphant success. That gentleman was elected 

specific and salutary objects; to kindle her emulation, ex- 
pand her views, and reveal her resources, and at the same 
moment to improve her civil institutions, cultivate her mo- 
ral and social relations, and preserve her integrity and in- 
fluence in the union, fell not to the powers of an ordinary 
individual. There was a great statesman in retirement. 
His character was untarnished, his spirit bold, his ener- 
gies unbroken. His mind preceded the march of the age, 
and anticipated the views, the wishes, and the wants of 
posterity. His fame filled a great space, and would fill a 
greater one as prejudice lost its perverted vision, and en- 
vy and selfishness ceased to prosecute a vindictive war on 
worth and glory. The convention, by an informal vote, 
and by a large majority, had fixed its wishes on this states- 
man, and De Witt Clinton would be recommended as a 
suitable man to govern the state of New York." page IB- 



OF CHARLES G. HAINES. 25 

governor in November, 1824, by a majority of 
thirty thousand. At the same election, his par- 
ty in New York city and the numerous personal 
friends of Mr. Haines nominated the latter as re- 
presentative to congress. Three tickets were in 
nomination at that time, and that which contained 
the name of Mr. Haines was not successful. 

In January, 1825, Governor Clinton conferred 
on Mr. Haines the appointment of Adjutant Gene- 
ral of the state, for which office he was well qua- 
lifted by his knowledge of military law. But he 
was not destined to enter upon the discharge of 
its duties. 

However engrossed Mr. Haines might be in lo- 
cal politics or professional business, he felt a warm 
and constant interest in the extension of correct 
principles of government and civil liberty. Prompt- 
ed by this feeling, he commenced not long before 
this period a work explanatory of the nature and 
form of our government. This he intended prin- 
cipally as a political text-book for the statesmen of 
the nascent republics of our own continent, and, by 
the permission of General Lafayette the work was 
to be dedicated to him. He investigated the theo- 
ry, and traced the practical operation of the fed- 
1 



26 BIOGRAPHICAL NOTICE 

eral and state governments. To make his work 
the more complete, he had obtained the promise 
of assistance from some of the most eminent men 
in our country. His own taste and course of 
reading were well suited to a work of this na- 
ture, and he pursued it with his accustomed 
zeal.* 

But the labours in which he engaged were too 
severe for his physical strength. Intense study 
and continued sedentary habits were gradually but 
sensibly making fatal inroads upon a constitution 
originally good, and which had been sustained 
thus far by a life of the strictest temperance. His 
friends often warned him against the effects of 
midnight study and neglect of bodily exercise, but 
he used to reply that he did not require any re- 
laxation. Their fears were too soon realized. 
In November, 1824, his whole system had 
become quite enfeebled, and he ruptured a 

* As early as 1819, Mr. Haines had shown a leaning 
to investigations of this nature. At that time he pub- 
lished an " Appeal to the People of the State of New York, 
on the Expediency of abolishing the Council of Appoint- 
ment." The Council of Appointment was abolished by 
the convention which met not long after. 



OF CHARLES G. HAINES. 27 

blood vessel. He did not think himself in a dan- 
gerous condition, and continued to write and read 
with his usual industry. Even with his pulse at 
120, he would devote hours to his book, which he 
was very desirous to finish. 

By the mingled courtesy and independence of 
his conduct, Mr. Haines had attached to himself 
a large circle of friends ; and now that he was 
confined to his room by sickness, he reaped the 
reward of a life of generosity, kindness and regu- 
lar morals in their delicate attentions. Perhaps 
no man at his age has obtained such fast hold on 
the affections of this community. Offers of voy- 
ages to all parts of the world were made to him 
by our first merchants. But he declined them, 
flattering himself, as is so often the case with the 
victims of consumption, with delusive hopes of 
speedy restoration to health. So passed the win- 
ter, and continuing to decline in strength, he con- 
sented in the spring to make the experiment of a 
short voyage. In company with a friend, he sailed 
to Charleston, South Carolina, where many of the 
most distinguished inhabitants expressed their 
sympathy, and proffered their assistance. But the 
remedies and the relaxation, which seasonably re- 



28 BIOGRAPHICAL NOTICE 

sorted to, might have recruited his feeble frame, 
had been too long neglected to afford him any re- 
lief, and he returned to New York weakened ra- 
ther than improved by his voyage. He lingered 
till the 3d of July, 1825, when he expired, at the 
age of thirty two years. His funeral took place 
on the 6th, and was attended by an immense con- 
course of citizens. Military honours were paid 
to his remains, a respect due to the office to which 
he had been recently appointed. 

Thus brief was the span of life allotted to 
Charles Glidden Haines. Too soon for the af- 
fection of his friends, too soon for his own fame, 
he has fallen on the field of honourable ambition. 
Some have supposed, that it was well for him to 
die so early, since they imagine that he would 
not have risen higher than he did had his life 
been prolonged. But it is not the usual fortune 
of industry like his, to let years go by unproduc- 
tive of improvement and of honour. He might 
not have advanced with so rapid a pace as at 
first, but collision with others would gradually 
have removed any unpleasing points of charac- 
ter, experience would have given maturity to 
judgment, and persevering industry would have 



OF CHARLES G. HAINES. 29 

overleaped obstacles which, to common men, 
seem insurmountable. 

In person General Haines was tall, erect, and 
commanding. His features were large and re- 
gular, his forehead high, and his large blue eyes 
shone with the natural mildness and benevolence 
of his character. The principal feature of his 
mind was a restless ambition, which, however, 
aimed at noble objects, and by honourable means. 
His devotion to politics was almost a passion, 
and if talent may be estimated by success, he 
was well adapted for political life. Certain it is, 
that he seized with uncommon tact upon those 
circumstances which industry and zeal could 
render favourable ; and as he conciliated every 
man whom he approached, he accomplished as 
much by his personal influence as by his wri- 
tings. There was, besides, in him, an enthu- 
siasm which believed nothing impossible ; and 
to such a one obstacles are toys, and victory a 
pastime. More than all, and united with all, he 
possessed an indefatigable, systematic industry, 
which is the master key of all great acquisitions. 
All the operations of his mind were rapid, and 
he had a rare facility in embodying his thoughts 



30 BIOGRAPHICAL NOTICE 

on paper. He was bold, prompt, and decisive 
in action. Those who have the originality to 
conceive great designs, are not in general found 
to possess the practical talent of developing their 
utility, and of carrying them into execution. Mr. 
Haines had the sagacity to seize on the best 
conceptions of other men, the diligence to gather 
important facts and circumstances in their sup- 
port, and the activity and energy to turn them to 
practical account. His talents were eminently 
popular, and the qualities of his heart, as well as 
of his head, were calculated to make him a gene- 
ral favourite. For Mr. Haines was warm and 
constant in his friendship ; tenderly mindful of 
the claims of his parents on his affection and 
assistance ; generous to a fault, he was insensi- 
ble to the wants of no one but himself; polite 
and magnanimous, he never forgot what was due 
to the feelings of others. If he sometimes gave 
way to a momentary petulance, it arose rather 
from the hurry of affairs, and the impatience of 
a restless mind, than from any wish to inflict 
pain ; and if his carelessness of pecuniary mat- 
ters was reprehensible, no one ever for a mo- 
ment suspected him of being actuated by mean 



OF CHARLES G. HAINES. 31 

or dishonourable motives. His frankness was 
not without vanity, and his zeal was not always 
tempered by judgment. But his integrity was 
beyond reproach, his independence of mind 
made him incapable of dissimulation, and his en- 
thusiasm was devoted to worthy and honourable 
ends. If he did not rise far above ordinary men 
by the splendour of his genius, there was at 
least something uncommon in the loftiness and 
constancy of his purposes, to which he sacrificed 
the vulgar considerations of appetite and inte- 
rest, and, finally, his health and his life. 

Gen. Haines is a remarkable instance of what 
the unaided efforts of one man may accomplish. 
He came to the city of New-York a poor and 
friendless stranger, and in the short space of 
seven years he surrounded himself with nume- 
rous and valuable friends, acquired a distinguish- 
ed reputation as a scholar, a politician, and a 
writer, and rose to one of the highest offices in 
the gift of the state government. Happy were 
it for the cause of benevolence, of education, of 
morals, and of civil liberty, if many were stimu- 
lated by the example he has given. He has 
been compelled to abandon to the competition 



32 BIOGRAPHICAL NOTICE, &C. 

of others, a field in which he was preparing to 
reap the rewards of a youth consumed in unre- 
posing industry. But he has not lived in vain ; 
he would himself have thought that he had not 
lived in vain, if the recollection of what he was 
should have the effect upon others to quicken 
diligence, and heighten enthusiasm, in honoura- 
ble pursuits. The active employment, and pre- 
mature termination of his life, furnish so striking 
a comment upon the words of the poet, that they 
might, not unaptly, be chosen for his epitaph : 

Fame is the spur that the clear spirit doth raise, 
(That last infirmity of noble minds,) 
To scorn delights, and live laborious days ; 
But the fair guerdon when we hope to find, 
And think to burst out into sudden blaze, 
Comes the blind fury with the abhorred shears. 
And slits the thin-spun life ; — but not the praise 



MEMOIR 



THOMAS ADDIS EMMET, 



As the name of Thomas Addis Emmet will 
hereafter be found in history, as he was inti- 
mately and very efficiently connected with the 
contemplated revolution of Ireland, and as he 
has told me many things about this interesting 
period of his life, during our residence at Wash- 
ington in the same house, while attending the 
Supreme Court, I will reduce some things thus 
told, to form and shape — apprehensive that time 
and the pressure of other recollections of a more 
recent date may destroy them in my memory. 

Thomas Addis Emmet is now (April, 1824,) 
fifty -nine years of age, as he informed me a few 
davs since. He is at the bar, in the possession 



34 MEMOIR OF EMMET. 

of all his intellectual vigour ; ardent, enthusiastic, 
and overwhelming. 

Mr. Emmet was born in Ireland, I think in 
Cork, about 1765 — ten years before the revolu- 
tion which separated this country from the Bri- 
tish dominion. I wish I could also say, by the 
permission of historical facts, ten years before 
the separation of Ireland from the British throne, 
and her liberation from British tyranny. He 
was educated at the university of Dublin at an 
early period of life, and designed by his father 
for the profession of medicine. He was accord- 
ingly educated with this view, and entered on 
his medical studies in Edinburgh, Scotland.* 
Here he was the fellow-student of Dr. Samuel 

* Mr. Emmet's father was Robert Emmet, Esq. of 
Cork. This gentleman and his lady were both very 
competent to guide and develope the young mind of their 
son. They had it in their power to bestow upon him 
every advantage of education, and he was therefore in- 
structed in the usual accomplishments of a gentleman, 
as well as in graver studies. He was quite fond of hun- 
ting, and was a very expert horseman. He used to say 
of himself, that he was an idle boy. Yet while at the 
University of Dublin, he cultivated the mathematics with 



MEMOIR OF EMMET. 



35 



L. Mitchill, our distinguished fellow-citizen, who, 
as Mr. Emmet informs me, began then to dis- 
play his eccentricities upon a small scale, though 
esteemed as a learned young man. Several 
other Americans were there at the same time, 
among whom were Dr. Rogers of New-York, 
and Gaspar Wisner of Philadelphia. In com- 
pleting his medical studies, Mr. Emmet visited 
many of the most celebrated schools on the con- 
tinent, and travelled into Italy, to the banks of 
the Tiber, and the city of the seven hills, and 



some success, and appears to have made still greater pro- 
ficiency in the classics. His time at Edinburgh was 
very industriously employed. He wrote a medical thesis 
in Latin at the time of taking his degree, which was 
published, and received high praise. He formed many 
interesting friendships at this period of his life. Among 
others, he became well acquainted with Mr. (now Sir 
James) Mackintosh, who was also a member of the Uni- 
versity. This acquaintance was afterwards continued in 
London, when Mr. Emmet was a student in the Temple. 
A single fact puts Mr. Emmet's popularity with his fel- 
low-students in a strong light, and that is, that he was at 
one time the President of no less than five Societies 
amomg them. Ed. 



#6 MEMOIR OF EMMET. 

passed through Germany. At the termination 
of his studies, a desolating misfortune occurred 
to his family, by the death of his elder brother, 
a member of the Irish bar and a person of whom 
Mr. Emmet always speaks as one of the first 
men that Ireland ever produced.* This calami- 
ty changed the mind of Mr. Emmet's father as 
to the course of life previously designed for his 
son ; and being determined to have one lawyer 
in his family he desired Thomas Addis to go to 
the bar, to which he cheerfully consented. He 
then went to London and read two years in the 
Temple, occasionally attended the courts at 
Westminster, and often heard Erskine in the 
noblest displays of his eloquence. From thence 
he returned to his native land, was admitted to 
the Bar, and commenced his practice in Dublin, 
the future scene of his fame and his sufferings.f 
Mr. Emmet very soon rose to distinction at 



f The name of this brother was Christopher Temple 
Emmet. Ed. 

t Shortly after his admission to the bar, in 1791, Mr. 
Emmet married the lady of whom mention is made in a 
subsequent page of this memoir. Eb. 



MEMOIR OF EMMET. 37 

the Irish bar. He rode the Circuit, and com- 
manded a full share of business and confidence. 
He was the Circuit and term companion of Cur- 
ran, and even in Ireland, if I may credit the in- 
formation of several Irish gentlemen, was his 
superior in talents, legal attainments and gen- 
eral information. But while fame and wealth 
were attending his ardent efforts at the bar, and 
the proudest seats of office and honour seemed not 
too high for his capacity and his aspirations, the 
gloom that overclouded his country — her long 
past sufferings- — the dark and cheerless prospect 
that opened upon her destinies, engrossed the 
constant thoughts of all her patriots, and com- 
manded the intense contemplation of every in- 
telligent friend of his native soil. The French 
Revolution had burst forth on Europe like a vol- 
cano. It rent asunder the political relations 
which had endured for ages, tore up ancient in- 
stitutions by the roots, and overturned the most 
arbitrary throne on the Continent, if we except 
that of the Emperor of all the Russias. It was 
hailed in Ireland as the day-spring of hope and 
freedom, and diffused over that green and beauti- 
ful Island, a, silent but enthusiastic expectation of 



38 



MEMOIR OF EMMET, 



deliverance. The keen hostility which subsist- 
ed between France and Great Britain, induced 
the former to cast her eyes on Ireland, although 
before and about this time many Irish agents of 
great talents and influence, had no doubt pass- 
ed over to France, and urged her fluctuating 
Government to give countenance and aid to an 
entire Revolution in their country. Every pledge 
of support was made by the Government of 
France. The Irish patriots acted with great in- 
dependence and prudence. They would not 
consent that France should have any control 
over, or any participation in, the future Govern- 
ment of Ireland. A certain number of troops 
were to land on the Irish coast and to be united 
with the patriot forces. The first man who 
opened negotiations with France appears to have 
been the unfortunate Jackson who was after- 
wards betrayed by Cockayne, the spy of the 
British government, and the pretended friend of 
Jackson. He wound his way into the unsus- 
pecting heart of the latter, became his daily 
companion, went with him from London to Dub- 
lin, and finally convicted him of high treason the 
23d April, 1795. His name will be detested 



MEMOIR OF EMMET. 39 

while an honourable feeling remains in the hu- 
man bosom. Jackson was never executed. He 
took arsenic and fell down in the dock while the 
Ld. Chief Justice was pronouncing the sentence 
of death that followed his conviction. Mr. Em- 
met describes him as an amiable and excellent 
man; "a man," to use his own words, "possess- 
ed of distinguished talents and acquirements, 
and a high sense of honour." In illustration of 
this character for honour, Mr. Emmet informs 
me, that while Jackson was preparing for his 
trial, and while his fate was more than probable, 
a friend was admitted to his room in prison, 
and remained there on business till a late hour 
at night. Dr. Jackson, (for he was a Clergy, 
man) conducted him to the outside door of the 
jail — expecting there to find the jailer, ready to 
turn the key. The key was in the door and the 
jailer in a profound sleep, probably intoxicated. 
His escape was now in his own hands. He first 
looked at his friend, then at the jailer, with an 
intense gaze. He became agitated and pale as 
he looked. After a pause of a moment, he said 
" No ; I will not abuse the poor fellow's confi- 
dence in me!" he turned the key, opened the 



40 MEMOIR OP EMMET. 

door, resisted the advice of his friend, closed the 
door after him, awoke the jailer, and retired to 
his cell. Dr. Jackson's funeral was attended by 
a great concourse of respectable people, and his 
trial revived the hopes of Ireland which had re- 
cently been somewhat depressed in consequence 
of the internal dissensions in France. I say re- 
vived the hopes of Ireland — because it brought 
to light the fact, that France was determined to 
aid her in her comtemplated struggle for free- 
dom. 

The next man who acted a conspicuous part 
as an agent for Ireland in France was Theobald 
Wolfe Tone. In 1792 he wrote a pamphlet un- 
der the signature of the "Northern Whig." This 
production was levelled against the popery laws, 
and was written to convince both Catholics and 
Protestants that the regeneration of Ireland must, 
be preceded by religious toleration, and the re- 
lease of the Catholics from oppression. Tone 
was a Protestant. His appeal spread through 
Ireland, and sunk deep in the heart of the Na- 
tion, and from that moment Mr. Tone became 
an object of tender regard to the Catholics, and 
though not of their religion he was again and 



MEMOIR OF EMMET. 41 

again selected by them to represent them in their 
Meetings and Conventions. Tone went to France, 
and in 1796 presented a Memorial to the French 
Directory. He had an interview with Carnot 
and Generals Clarke and Hoche at the Palace 
of the Luxembourg, and the aid of France to Ire« 
land was agreed on. The pledges which I have 
mentioned, were then given, and the condition, 
the feelings, and the hopes of Ireland at that 
moment, will hereafter be swelled into a history, 
perhaps the most interesting of any in modern 
times. A great moral picture will yet be drawn 
by some master hand, and attract the contempla- 
tion of the world when enlightened by philoso- 
phy, and made free by the diffusion of light and 
knowledge. 

When Theobald Wolfe Tone, and other dis- 
tinguished embassadors from the Irish people 
appealed to the aid of the French government, 
Ireland was well prepared for a complete politi- 
cal change and an introduction of a new gov- 
ernment. Her condition, in this respect, pre- 
sented a most auspicious and cheering state of 
tings. It had been produced by a long chain of 
bpressions, and by a series of internal struggles. 



4£ MEMOIR OF EMMET. 

too numerous to be recounted here. The revo- 
lution in Ireland was to have turned on the or- 
ganization that grew out of the Societies of Uni- 
ted Irishmen. There are various modes of ori- 
ginating and conducting a great revolution. 
Some revolutions may succeed without much 
previous system : the people rise up in a mass, 
and the work is done. Others again require long 
and patient antecedent arrangements. A plan, 
perfect in all its parts, is requisite. So it was in 
Ireland. Her oppressors were always present. 
Standing armies and the machinery of a foreign 
government were always present. Ireland, too, 
was torn in pieces by a thousand conflicting 
passions. Religious feuds had existed for ages. 
The nation was divided between Catholics and 
Protestants, and a deep gulf was between them. 
There were also some local prejudices, and a 
great disparity every where existed between the 
rich and the poor in every respect. Add to 
this, the night of bondage had scattered moral 
darkness over the country. Generation after 
generation had grown up in ignorance, and been 
urged on to fury by constant insult and oppres- 
sion. Hence those who planned the revolution 



MEMOIR OF EMMET. 43 

of Ireland had much to encounter and much to 
accomplish, and posterity will stand astonished 
at what they did accomplish. 

The Societies of United Irishmen originated 
in the end of the year 1791. Their object was 
the repeal of the Popery laws, and a reform, 
particularly including an extension of the right 
of suffrage among the Catholics. So says the 
memoir delivered to the Irish government by 
Messrs. Emmet, O'Connor, and McNeven, in 
1798. These societies, it seems, did not at first 
contemplate a separation of Ireland from Eng- 
land ; but in 1795 they were revived, and new 
ones formed upon a new basis. That basis was 
not specifically reform, but REVOLUTION. 
These societies reached all ranks of people, 
from what were once called the defenders^ up to 
such men as Emmet, Curran, Tone, O'Connor, 
McNeven, and others of equal rank and talents. 
These associations, when a revolution, with all 
its incidents and with all its extensive relations, 
was seriously contemplated, were organized on a 
plan of secrecy. There was a test — an oath, 
the most solemn and sacred. Protestants and 
Catholics — all religious sects, forgot their preju- 



44 MEMOIR OF EMMET. 

dices and nobly rallied under one common stan- 
dard — the standard of the nation. All their 
feelings, all their wishes, all their hopes, were 
for Ireland. Her freedom, her honour, her glo- 
ry, and her prosperity, claimed all their thoughts 
and all their devotions. Gold was nothing — ti- 
tles were nothing ; — Ireland, Republican Ireland 
was every thing. It was necessary to bring 
these Societies to act on any one point that 
might be thought essential. The spies of the 
British government watched and reported every 
thing that met their view. Great circumspec- 
tion was therefore requisite. The leaders of 
the intended revolution therefore produced a 
complete organized system among these associ- 
ations. This system consisted of committees, 
going from grade to grade. There were four 
orders of committees — the baronial, county, pro- 
vincial, and national committees. Ireland, as 
a nation, may be said to have a religious dispo- 
sition. When the solemnities of religion were 
therefore resorted to secure secrecy, it was a 
resort that proved effectual. Neither Catholic 
nor Protestant forgot the declaration that ap- 



MEMOIR OF EMMET. 45 

pealed to an approving God, and to the retribu- 
tions of a future world. 

Towards the latter end of the year 1796, the 
societies of United Irishmen had spread over 
Ireland, and then exhibited, in addition to the 
divisions already mentioned, two departments — 
the civil and the military ; although these two 
departments were very much blended in appear, 
ance, to prevent the communication of alarm 
and suspicion. In 1798, there was appointed a 
military committee to prepare a plan of military 
operations. 

The civil department consisted of the four 
grades or classes of committees already sta- 
ted ; the baronial, county, provincial and na- 
tional. Secrecy and concert being essentially 
requisite to success, large assemblies were 
avoided. No society could exceed the number 
of thirty-six. When it amounted to this number, 
it was divided into two societies of eighteen mem- 
bers each. These again went on until they a- 
mounted in number to thirty-six, and were then 
again divided. Each Society had its delegates, 
consisting of three. When any district or baro- 
ny had three or more societies, three delegates 



46 MEMOIR OF EMMET. 

from each society met together and constituted 
a barony. When any county embraced three 
or more baronies, there was a county commit- 
tee ; and when two or more counties had com- 
mittees within the boundaries of any one pro- 
vince, there was a provincial committee. Last 
of all, five delegates from each province compo- 
sed the national committee. After all this or- 
ganization, and at the head of it, there was an 
Executive Committee. All these several com- 
mittees, excepting the last, were elected once in 
three months, and by ballot. What was done 
in the most subordinate committee, was commu- 
nicated to the next highest, and that committee 
again reported to the next in the ascending line, 
and so the communication went on until it 
reached the national committee ; but informa- 
tion seldom went down ; secrecy and despatch 
condemned such a policy. Here, as Mr. Emmet 
has often remarked, there was a complete re- 
presentative system. In all these societies, the 
Irish people, to the amount of half a million, or 
more, were constantly brought together in small 
bodies, to discuss, to vote, and to deliberate. 
The whole presented one grand system of order 



MEMOIR OF EMMET. 47 

and subordination, in which the people, Catho- 
lics and Protestants, acted together, regardless 
of ancient feuds and prejudices. The funds of 
the societies throughout Ireland were raised by 
monthly subscriptions, and there was a national 
treasury. 

The military department was organized about 
the year 1796, and was in its structure a gov- 
ernment somewhat like the civil department. 
Those United Irishmen who composed the one, 
of course composed the other. All officers to 
the rank of a colonel, inclusive, were elected ; 
all above, appointed by the executive. Thus 
the several societies were erected into an im- 
mense military force, and each man was direct- 
ed to furnish himself, as far as possible, with 
arms, ammunition, and every species of articles 
necessary to offensive or defensive war. 

The executive committee acted an important 
part, and appointed a military committee to pre- 
pare a system for defence and attack, and trans- 
mitted intelligence and recommendations down 
through the various societies whenever it thought 
proper, and constantly received reports from the 
civil and military departments. 



48 MEMOIR OF EMMET. 

Mr. Emmet acted a conspicuous part in this 
grand organization, which may well be termed 
a national political system. He acted as one ot 
the Executive until the period of his arrest and 
imprisonment. He calculates that the different 
societies of United Irishmen consisted of at least 
five hundred thousand men, and that Ireland could 
have sent forth three hundred thousand warriors 
for the advancement and security of Irish freedom. 

The fidelity of the Irish people in the organi- 
zation and in all the transactions of this provin- 
cial system of government, was most astonish- 
ing. Perfect faith every where prevailed. Men 
died on the rack and expired beneath the pains 
of torture, and still they would not reveal se- 
crets to the spies and ruffians of government. 
And yet many of these men were of the lowest 
order of Irish. Take the humblest ranks of 
Irish society, and they are the most intemperate 
people of Europe ; and yet on a single recom- 
mendation of the Executive Committee, they 
suddenly abstained from the use of ardent spi- 
rits throughout all Ireland. 

I have already alluded to the prudence of the 
Irish patriots in not calling a large number of 



MEMOIR OP EMMET. 49 

French troops. Ten thousand men, forty thou- 
sand stands of arms, and a loan of five hundred 
thousand pounds, constituted the requisition on 
the French government. 

Considering all things — the moral and physi- 
cal strength of Ireland — the extensive organiza- 
tion alluded to — the union of the Irish people 
without regard to creeds or faith — can we won- 
der when full representations were made to the 
new government of France, that the cause of 
Ireland should have commanded promises of 
support? And can we wonder at the feelings, 
the calm ardour and determined firmness of the 
Irish nation ? The melancholy fortunes of their 
country continually passed before their eyes in 
gloomy retrospect. For seven hundred years 
their beautiful isle had been the victim of ruf- 
fian violence and ceaseless oppression. Age 
after age had rolled on, and darkness and bon- 
dage covered her face. Other nations had sha- 
ken off their chains and marched forward to in- 
dependence, to wealth, and to happiness. Great 
and general revolutions had shaken the world ; 
the reformation, which swept away what Mr. 
Burke eloquently called "the vast structure of 



t)0 MEMOIR OF EMMET. 

superstition and tyranny, which had been for 
ages in rearing, and which was combined with 
the interest of the great and of the many ; 
which was moulded into the laws, the manners, 
and civil institutions of nations, and blended 
with the frame and policy of states,"* brought 
home no regenerating principles to Ireland. 
America, unknown when Ireland was first a 
colony, had nobly erected her standard and 
fought her way to freedom ; England had un- 
dergone more than one revolution, and materi- 
ally changed the constitution of her govern- 
ment ;* France had now roused trom her long 
slumbers and proclaimed freedom among the 
nations of the continent, and extended the hand 
of friendship and the proffer of deliverance to 
the people of Ireland. Is it to be wondered at, 
then, that an enthusiastic desire to assume a 
station in the society of nations should have an- 
imated her daring and gallant sons ? They cast 
their eyes over their country, containing more 
than five millions of population, blessed with a 
genial climate and a fruitful soil — with noble 

* Vide Speech on the Bristol Election, (1780.) 



MEMOIR OF EMMET. 51 

harbours, spacious rivers, rich mines, a capacity 
for manufactures, and an extensive commerce 
with all the world ; they called to mind her 
poverty, her ignorance, her misery ; more than 
forty millions of dollars wrung annually from 
her resources by a foreign government ; a 
church forced upon nine tenths of the people, 
who resisted and were still constrained to pay 
tithes to support that church ; out of three hun- 
dred members of the Irish House of Commons, 
to represent the whole people of Ireland, two 
hundred elected by thirty or forty individuals; 
popery laws, that precluded the youths of nine 
tenths of the population from early education 
and the halls of the universities, and the parents 
of those children from the bar, the bench, the 
legislature, the magistracy — from every seat of 
power, honour and responsibility — these things 
they called to recollection, and they were not 
all. The genius, the valour, and the fame of 
the great men of Ireland appealed to the pride 
of the Irish people. They knew what Ireland 
had been, they knew what she was, and they 
looked forward to what she might be — elevated 
to her proper rank in the scale of empires, a 



52 MEMOIR OF EMMET. 

broad representative system of government in 
full operation, great men watching over her in- 
terests at home and in foreign courts, the legis- 
lature open to talents and to a noble ambition ; 
the bar presenting a splendid theatre of competi- 
tion, and embracing the sons of the Catholic 
and the Protestant ; her navy and her armies 
made glorious by Irish valour exerted in the 
cause of Ireland ; her intellectual greatness un- 
folded by the triumphant cultivation of the arts 
and sciences ; her physical powers and her na- 
tural advantages fostered by enterprise and in- 
dustry ; her wilds, her morasses, and her moun- 
tains made glad by civilization ; and peace, se- 
curity and comfort every where diffused. Was 
it not natural, when they looked at all this, that 
their souls should have panted for war against 
their oppressors ? That they should gladly have 
followed the example of the United States, and 
contended with the aid of France? 

Such were the views of Thomas Addis Em- 
met. He began in the cause of Ireland as a 
patriot, he acted in her cause as a patriot, and 
he suffered as such. Had he chosen to pursue 
the road to power, to wealth, and to ambition. 



MEMOIR OF EMMET. 53 

he would have joined that abandoned phalanx, 
composed of such men as Lord Castlereagh, 
Lord Clare, the Beresfords, and their associates 
in apostacy and guilt, and sought elevation by 
augmenting the misery and sufferings of his 
country, to secure the smiles of the British 
court. He was not one of them. He thought, 
and with reason, that the day had come when 
his country could be taken into the family of 
nations, and run her career, rejoicing. He 
hailed the temper and spirit of the age, and re- 
joiced in the tone which was communicated to 
public opinion by the French revolution. He 
thought with Mr. Grattan, in his speech in the 
Irish House of Commons on the Catholic ques- 
tion, when he anticipated a change of times and 
a regenerated state of things. "Believe me," 
said the great orator, " you may as well plant 
your foot on the earth, and hope by that resis- 
tance to stop the diurnal revolution which ad- 
vances you to that morning sun which is to 
shine alike on the Protestant and Catholic, as 
you can hope to arrest the progress of that other 
light, reason and justice, which approach to lib- 
erate the Catholic and liberalize the Protestant. 



54 MEMOIR OF EMMBT. 

Even now the question is on its way, and ma- 
king its destined and irresistible progress, which 
you, with your authority, will have no power to 
resist ; no more than any other great truth, or 
any great ordinance of nature, or any law of 
motion, which mankind is free to contemplate, 
but cannot resist : there is a truth linked to their 
cause, and a justice to set off the application."* 
French connexion proved fatal to the revolu- 
tion of Ireland. French fidelity and the adop- 
tion of sound policy would have made Ireland 
free. For my own part, my astonishment is, 
that France should have been relied on so much. 
Ireland, it is true, was destitute of the requisite 
arms and funds, and her people wanted a pillar 
to lean on — a dernier hope beyond their own 
resources; and after promises were once ten- 
dered by France, it is natural to suppose that 
great reliance should be placed on her support. 
But three hundred thousand fighting men pre- 
sents a most formidable number, or even one hun- 
dred and fifty thousand. [Mr. Emmet, as before 
remarked, estimated the army of United Irish- 

* Speech in Irish House of Commons, 1792. 



MEMOIR OF EMMET. 55 

men at three hundred thousand.] It is not 
probable, however, that more than one third of 
the number had arms. In addition to the sup- 
posed military force, Mr. Emmet says that a 
very considerable portion of the British fleet 
would have been brought into the ports of Ire- 
land by the Irish sailors, had the revolution been 
once vigorously commenced. The plan was 
concerted to effect this object. Had Ireland 
never relied at all on France, I have always ap- 
prehended that her prospects might have been 
better realized. The French, however, having 
once promised, the reliance on this promise 
more or less embarrassed every thing. 

The course pursued by France is recorded in 
history, and well known. She held out fair 
promises, but never acted with any system or 
resolution. The landing at Killala was a mise- 
rable effort. In fact, France did nothing for 
Ireland, but leave a curse on her deserted and 
fallen fortune on account of French alliance. 
When Napoleon became the head of the French 
nation, he left all beaten paths and acted for 
himself. Whatever he might have thought of 
Ireland, he thought more of Napoleon, and his 



56 3IEMOIK Ol EMMET. 

expedition to Egypt carried to the banks of the 
Nile the forces once designed by others for the 
liberation of Ireland. So thinks Mr. Emmet. 
He pronounces him the most overwhelming foe 
that Ireland ever had. A great man — a man of 
vast and comprehensive views, and every way 
hostile to England — it is somewhat singular that 
he should not at once have perceived the policy 
of palsying her right arm, Ireland. But the ex- 
pedition to Egypt, and perhaps the hope of pas- 
sing from Africa to Asia, captivated his daring 
and romantic ambition. From the beginning of 
his eventful and astonishing career, he perfectly 
understood the genius of the French people. 
He knew their passion for show and splendour ; 
their love of marvellous achievements ; their 
national pride and their fondness for glory. To 
march the armies of France to the land of Se- 
sostris and the Ptolemies — to erect the banners 
of France amid the ruins of Thebes — to carry 
the eagles of the Republic to the country of the 
Mamelukes, were exploits well calculated to de- 
light and inflame the imagination of a bold, gal- 
lant, and gay people, and to encircle the name 
of Napoleon with a kind of oriental fame, not 



MEMOIR OF EMMET. 57 

gained in the plains of Italy. To Egypt, there- 
fore, Bonaparte decided he would go ; and whe- 
ther the cause of human freedom, and the in- 
terests of civil and religious liberty gained or 
suffered by the movement, was not to him a 
matter of moment.* A force that might have 
conducted Ireland to independence was led to 
the sands of Africa, and that too without any 
one solitary advantage of a national or general 
character, if indeed we except the promotion 
of the arts and sciences on a magnificent scale. 
Ireland was left to her fate, and such men as 
Mr. Emmet and his compatriots, to mourn over 
her calamities. After a short struggle in the 



* The author is believed to have mistaken the views 
and wishes of Napoleon. The expedition to Egypt is 
generally supposed not to have been urged, nor even 
willingly acceded to by him, but to have been suggested 
by the jealousies and fears of the French Directory. 
His ambition had become formidable, and he was sent 
to the banks of the Nile and to the pestilential climates 
of the East, in order to put him out of the way. As 
the expedition terminated, it promoted the schemes of 
Napoleon, and hastened his elevation to the imperial 
ihrone. — Ed, 



5b MEMOIR OF EMMET. 

field, and after a few scattering and ineffectual 
insurrections, in which perished some of the no- 
blest spirits that Ireland ever saw, the patriots 
were vanquished, and the soul of the nation 
sunk within her. There was the end of Ire- 
land's hopes, at least for generations. France, 
under the guidance of Napoleon, sought the 
conquest of Europe, and England was left to 
crush to powder her sister isle.* 

* The plans of the revolutionists were discovered by 
the treachery of one Thomas Reynolds, of Kilkea Castle, 
in the county of Kildare, who had been so much in their 
confidence as to be colonel of a regiment of United 
Irishmen, and provincial delegate from Leinster. In 
consequence of the information he gave, Oliver Bond, a 
rich merchant of Dublin, and twelve others of the lead- 
ing conspirators, were arrested at Bond's house, on the 
12th of March, 1798. Other influential friends of the 
revolution were arrested about the same time. In these 
arrests were included Mr. Emmet and Dr. Macneven. 
Shortly after, Lord Edward Fitzgerald, the young no- 
bleman who was selected to lead the military movements 
of the insurgents, was discovered in Dublin, and taken 
prisoner ; but not till after a desperate struggle. In the 
course of it, he received a wound in the shoulder, of 
which he died in prison a few days after. 



MEMOIR OF EMMET. 



59 



1 am not writing the history of Ireland. I 
am merely touching the most conspicuous scenes 
in the life of a great man. After the intended 
rebellion was discovered and frustrated, the most 
atrocious cruelties were perpetrated — acts well 



The chiefs of the conspiracy being thus put out of the 
way, the management of the revolutionary councils fell 
into the hands of less competent men. British agents 
wound themselves into the confidence of members of the 
new directory, and before the 23d of May, the day ap- 
pointed for the general rising, government had obtained 
sufficient intelligence to meet and counteract the plans of 
the revolutionists. After some partial and ill-conducted 
efforts in the counties of Wexford and Wicklow, the 
insurgents were utterly routed at the great battle of 
Vinegar Hill, by the army under the command of Gen. 
Lake. The rebellion may be said to have been com- 
pletely crushed by the middle of July. 

After the United Irishmen had abandoned in despair, 
for a time at least, all plans of insurrection, a French 
force, about eleven hundred strong, at length landed at 
Killala, in the northwest of Ireland, on the 12th of Au- 
gust. But it was too late for any purpose of aid or 
succour, and Gen. Humbert was compelled, in less than 
a fortnight, to surrender at discretion to Lord Cornwallis. 
Thus ended the hopes of Irish independence. — Ed. 



60 MEMOIR OF EMMET. 

calculated to find a parallel and precedent in the 
bloody scenes of barbarity committed by the 
Goths, the Vandals, and the Alemanni on the 
fall of the Roman empire, and related in the 
pages of Gibbon and the notes of Robertson. 
Mr. Burke, Mr. Mcintosh, and other celebrated 
men have racked their imaginations to find 
terms of abhorrence commensurate with the 
cruelties that stained the revolution of France ; 
and yet they have not presented any thing more 
than an adequate view of the horrors which 
took place. But I defy any thing in the atroci- 
ties of French history to exceed in cruelty what 
happened in Ireland. Massacres in cold blood — 
house burnings — military executions — whole dis- 
tricts depopulated — tortures — flagellations, sub- 
mersions, and imprisonments, appeared on every 
side. Among the illustrious victims of ven- 
geance, the name of Thomas Addis Emmet 
maintains an exalted place. Without any spe- 
cific allegation, or any overt act of treason, he 
was cast into prison and never again permitted 
to enjoy his personal freedom in his native land. 
Mr. Emmet and several other state prisoners 
were confined in the prison of Kilmainham, 



MEMOIR OF EMMET. 61 

in Dublin. He had acted throughout the 
rebellion with extreme caution. He had ab- 
stained from every thing that could render him 
liable to legal consequences, and in fact was not 
peculiarly obnoxious to government. His own 
remark is, that in a grand revolution there must 
be a division of labour. There must be some to 
speak, some to write, some to plan, and many to 
execute. Hence, Mr. Curran, though decided- 
ly for the revolution, was never a United Irish- 
man, and never met with any of the societies. 
He was the speaking man. On him devolved 
the duty of defending the patriots at the bar. 
Mr. Sampson, now in this country, was one of 
the writing men. Mr. Tone, Mr. Rowan, and 
others, were employed in the same way, though 
Mr. Tone was otherwise active. Mr. Emmet 
was one of the executive, and much a cabinet 
man. On my asking him why he did not ap- 
pear conspicuous in the state trials, he answered 
that it was thought most prudent that he should 
avoid thus rendering himself a particular victim 
of persecution. His agency was very active 
and extensive, and a bold stand at the bar might 
have produced scrutiny and detection. Mr. 



62 MEMOIR OF EMMET. 

Curran was therefore the man fixed on. When 
Archibald Hamilton Rowan was arrested, he 
sent for Mr. Emmet to defend him. Mr. E. 
declined, from motives of policy. Mr. Rowan 
pressed him to, undertake his cause, and even 
fell on his knees in the course of his earnest 
solicitations. Mr. Emmet adhered to his reso- 
lution, and who does not remember the speech 
of Curran ! Had Irish eloquence no memorial 
but this ; was this a solitary type on the globe, 
she could lay a triumphant claim to immortal 
renown. 

Mr. Emmet was now a close prisoner in Dub- 
lin, and he says that he has a perfect idea of Sir 
Hudson Lowe as the jailer of Napoleon. He 
so resembles his own jailer in a thousand par- 
ticulars, that he can realize and believe all that 
Napoleon has dictated on the unfeeling and ruf- 
fian deportment of the governor of St. Helena, 
Mr. Emmet relates many anecdotes of his im- 
prisonment. Twenty of the patriots were con- 
fined in one jail — each having a separate room. 
They contrived to gain the confidence of one of 
the subordinate keepers, and every night about 
twelve o'clock he was induced to unlock the 



MEMOIR OF EMMET. 63 

door of each room and permit them to come to- 
gether. They assembled in a common hall, on 
each side of which the cells were situated, and 
here they conversed till nearly light, when they 
returned quietly to their rooms. Their object 
was conversation — something to beguile the te- 
dious hours of night. They stood up or sat 
down on the bare floor, and felt happy in the 
enjoyment of such a privilege. Their doors 
were locked after them as they returned to their 
apartments. Mr. Emmet was at this time con- 
nected with his present wife, whose superior 
character and ardent affections will more than 
once appear in the narrative of her husband's 
sufferings. Soon after his confinement to the 
walls of the prison, she was permitted to visit 
him. The room in which he lived was about 
twelve feet square. She declared, when once 
admitted, that she would never leave it but with 
her husband. The servants of the government 
ordered her in a peremptory manner to leave the 
prison, but she as positively refused. Force was 
not resorted to ; but it was ascertained that the 
keeper had orders if she ever left the room, 
never to permit her to return, it being natural 



04 MEMOIR OF EMMET. 

enough to presume that an opportunity of lock- 
ing her out would soon occur. But such a pre- 
sumption was ill founded : she remained in the 
room for twelve months, and left it but once, and 
then under peculiar circumstances. Her child, 
then at Mr. Emmet's father's, was taken sick, 
and dangerously ill. Information was commu- 
nicated to Mrs. Emmet ; but how was she to 
go? She appealed to the mother of children, to 
the jailer's wife, and at the hour of midnight 
she let Mrs. Emmet out of her cell, and con- 
ducted her through the jailer's apartments to 
the street. She visited her child, remained till 
the next night, and returned by means of the 
same sympathy. As she was on the point of 
entering Mr. Emmet's room, one of the keepers 
discovered her ; but it was too late. She never 
availed herself of the same permission again. 
During her absence, Mr. Emmet's room was 
frequently visited ; the curtains around the bed 
were closed, some bundles of clothing were put 
in the bed, and the keepers desired to step very 
softly, and not to disturb Mrs. Emmet when af. 
meted with the head-ache ! 

After Mr. Emmet and his companions in a no- 



MEMOIR OF EMMET. 



05 



ble cause, had remained in prison some months, 
and the British government had extended the 
work of extermination over the island and the 
executioners became weary ; after he and Mrs. 
Emmet had been confined in a room of twelve 
feet square that overlooked the dock from which 
the unhappy victims of the revolution were daily 
taken for execution ; and after most of the 
chiefs of the patriots had surrendered, and the 
battles of New Ross, Arklow, and Vinegar Hill 
had been lost, the venerable Lord Charlemont, 
without any solicitation on the part of the priso- 
ners, meditated a plan of retreat for those in 
confinement, and a conciliation to arrest the 
work of massacre and death. The intended 
revolution was crushed, and nothing remained 
to conquer. Mr. Francis Dobbs, a member of 
parliament, a man of humane feelings, and a 
friend to the government, visited the prisoners 
in their respective rooms, and avowed his wish 
to facilitate an arrangement equally advanta- 
geous to the government and to the revolution- 
ists. Every thing had failed, and hope was ex- 
tinguished, at least for a season. The state- 
prisoners therefore were anxious to arrest the 
9 



66 MEMOIR OF EMMET, 

tide of misery thai was every clay swelling, and 
which had already overspread the country like 
a flood. They reciprocated the wishes express- 
ed by Mr. Dobbs, and soon after they were 
visited by Mr. Secretary Cook. Lord Corn- 
wallis had now assumed the government of Ire- 
land, and much was hoped from his clemency. 
When Mr. Secretary Cook visited Dr. McNe- 
ven in the prison of Kilmainham, a man of 
whom I shall particularly speak in the course of 
this memoir, he, with a bluntness and independ- 
ence peculiar and honourable to his character, 
informed the secretary that he would have no- 
thing to do with negotiation unless the prisoners 
had the pledge of Lord Cornwallis himself. 
When Mr. Cook retired, Mr. Emmet, Dr. Mc- 
Neven, and Mr. Sweetman held a consultation, 
and it was agreed to open a conference with 
Lord Castlereagh, then the minister of Ireland. 
In the course of these steps it had been mutual- 
ly contemplated, that on the one hand, govern- 
ment was to stop the effusion of blood ; on the 
other, that the prisoners were to reveal the main 
features of the intended revolution, and state the 
extent and nature of the intended connexion 



ME3I0IR OF EMMET, 67 

\\ lth France ; but names were not to be demand- 
ed or given under any circumstances. Before 
any interview had taken place between the pri- 
soners and Lord Castlereagh, Mr. Dobbs again 
visited the prisoners and stated that the govern- 
ment would demand names ; then, said the pri- 
soners, there's an end to the negotiation; our 
friends shall never be exposed by any disclosure 
of ours. 

The government then gave up the hope of 
obtaining names. The prisoners were permit- 
ted to have some intercourse, and they unani= 
mously appointed three agents to act on their 
behalf— Mr. Emmet, Dr. McNeven, and Mr. 
O'Connor — he who first distinguished himself in 
1795, by his bold and unexpected speech in the 
Irish House of Commons, on the Catholic ques= 
tion. On the 29th July, 1798, Mr. Emmet, Dr. 
McNeven, and Mr. O'Connor had their inter- 
view in Dublin Castle with Lord Castlereagh, 
Lord Chancellor Clare, and Mr. Secretary 
Cook, and entered upon what is called the trea- 
ty of 1798. Lord Castlereagh then proposed 
that an arrangement should be made, stipulating 
for the disclosure of names, The deputies pe- 



68 MEMOIR OF EMMET. 

remptorily refused to accede to any such propo- 
sal. A general amnesty, embracing all those 
implicated in the intended revolution, excepting 
such as were guilty of murder or conspiracy to 
murder — a description of men never included 
among the patriots, was then agreed on, and the 
faith of the government plighted. It was then 
mutually agreed that the state prisoners should 
go to the United States. On their part, the 
prisoners pledged themselves to make disclo- 
sures of the intended alliance between the Uni- 
ted Irishmen and France, and give other infor- 
mation connected with the intended revolution 
of Ireland. The deputies did nothing but what 
was sanctioned by all the state prisoners in the 
three prisons of Dublin, viz : Newgate, Bride- 
well and Kilmainham. On the 4th August, 
1798, Messrs. Emmet, O'Connor and McNeven 
delivered a memoir to the government, present- 
ing the promised disclosures. With this, Lord 
Cornwallis was dissatisfied, as it contained, ac- 
cording to his views, a vindication of all the 
acts of the United Irishmen. The deputies re- 
fused to alter it. The Anglo-Irish ministry then 
resolved on the parol examination of the depu- 



MEMOIR OF EMMET. 69 

ties. This it was thought would afford an op- 
portunity for perversion and prevarication. Mr. 
Emmet and the other deputies were accordingly- 
examined in connexion with other prisoners, be- 
fore the secret committees of both houses of the 
Irish Parliament. These examinations were 
committed to writing, and Mr. Emmet's bears 
all the strong features which now mark his 
character. He boldly avowed his agency in 
the intended revolution, and vindicated his acts. 
He said that Ireland was driven by oppression 
to think of revolution ; that she had all the re- 
sources necessary to constitute her a powerful 
and happy nation ; and that the measures of the 
British government would, sooner or later, drive 
her to separation. Lord Chancellor Clare re- 
marked in the course of the conversation, that 
Ireland could not exist free and independent, 
and used the following words : " Well, I cannot 
conceive the separation could last twelve hours. " 
Mr. Emmet replied : " I declare to God, I think 
that if Ireland were separated from England, 
she would be the happiest spot on the face of 
the globe." At this, says Mr. Emmet, the com- 
mittees seemed very much astonished. a Pray, 



70 MEMOIR OF EMMET, 

Mr. Emmet," said the Lord Chancellor, " what 
caused the late insurrection 1" Mr. Emmet re- 
plied, " the free quarters, the house burnings, 
the tortures, and the military executions in the 
counties of Kildare, Carlow and Wicklow." 
Sir J. Parnel, one of the committee, said to 
Mr. Emmet, " while you and the executive 
were philosophising, Lord Edward Fitzgerald 
was arming and disciplining the people." Mr. 
Emmet replied, " Lord Edward was a mili- 
tary man, and if he was doing so, he probably 
thought that was the way in which he could be 
most useful to the country ; but I am sure, that 
if those with whom he acted were convinced 
that the grievances of the people were redress- 
ed, and that force was become unnecessary, he 
would have been persuaded to drop all arming 
and disciplining." Mr. J. C. Beresford said, 
" I know Lord Edward well, and always found 
him very obstinate." Mr. Emmet replied, " I 
know Lord Edward right well, and have done a 
great deal of business with him, and have al- 
ways found when he had a reliance on the in- 
tegrity and talents of the person he acted with, 
he was one of the most persuadable men alive ; 



MLMolR 01 EMMET, 



71 



but if he thought a man meant to deal disho- 
nestly or unfairly with him, he was one of the 
most obstinate of beings." Mr. French, one of 
the committee, asked, " Mr, Emmet, can you 
point out any way of inducing the people to 
give up their arms V The reply was, " by re- 
dressing their grievances, and no other." Mr. 
Emmet expressly stated to the committee, that a 
complete provincial government for Ireland had 
been prepared for instant adoption, by the 
friends of the revolution, and that Ireland 
would have passed from oppression to inde- 
pendence and order. The character of Lord 
Edward Fitzgerald, spoken of in the examina- 
tion alluded to, will be dear to the friends of 
Ireland while the ocean breaks around her 
shores. He was brave, gallant, noble and ac- 
complished — a soldier and a patriot ; a man 
calculated to lead the armies of Ireland to vic- 
tory and to independence. He fell a martyr to 
her cause, and the memory of his virtues min- 
gles in the dearest affections of his unfortunate 
country. 

After the compact was formed and sanction- 
ed by Mr. Emmet and his coadjutors on one 



72 MEMOIR OF EMMET. 

side, and the British government on the other, 
the most gross and malicious falsehoods were 
propagated on both sides of the channel by the 
tools and implements of a tyrannical and aban- 
doned government. It was said and published 
in a thousand ways, that Mr. Emmet, Dr. Mc- 
Neven, and Mr. O'Connor had betrayed their 
associates in the revolution, and given up their 
names. These three persons were then in 
prison, at the mercy of the government, de- 
fenceless and unprotected. The base calum- 
nies put in circulation soon reached their ears 
by means of friends beyond the prison walls, 
and they unhesitatingly did an act that reflects 
the highest credit on their courage, firmness 
and independence. They wrote a palpable and 
flat contradiction of the slanders which had 
been fabricated. They stated that the report of 
their examination had been distorted, and de- 
nied ever having revealed a single name by 
which any individual could be implicated. This 
advertisement was signed and published on 27th 
August, 1798, in two of the Dublin newspapers. 
This bold and unlooked for act threw the gov- 
ernment in a rage. The most vindictive feel- 



MEMOIR OF EMMET. 



73 



ings were manifested towards the prisoners. 
Mr. Emmet and his two compatriots were cast 
into close prison, and all intercourse prohibited 
between them and their friends. It was pro- 
posed in the Irish House of Commons to take 
them out and hang them on the gibbet without a 
trial. This was the proposition of Mr. Mc- 
Naghten, Francis Hutchinson, and Cunningham 
Plunket. 

It will be recollected that according to the 
contract between the Irish ministry and Mr. 
Emmet, Mr. O'Connor, and Dr. McNeven, the 
prisoners then in confinement were to be per- 
mitted to emigrate to the United States. On 
the 16th September, 1798, Mr. Marsden, Under 
Secretary for Ireland, informed Mr. Emmet and 
his fellow-sufferers, that Mr. King, the Ameri- 
can Minister, had remonstrated against their 
sailing for America. Dr. McNeven boldly de- 
nounced the whole matter, as a base subterfuge 
to prolong their imprisonment, and excuse the 
British government in breaking a solemn treaty. 
Be this as it may, the British government did 
basely break its word and forfeit its promise 

made in the most solemn and sacred manner. 
10 



74 MEMOIR OF EMMET. 

The prisoners were not permitted to embark for 
the United States, and did not embark until they 
had passed through a long imprisonment in ano- 
ther quarter of the British dominions. Perhaps 
no spot in the annals of England is more black 
than this. It displays a cool, determined, deli- 
berate act of treachery, disgraceful to an indivi- 
dual however obscure, and more disgraceful to 
the government of a powerful nation. 

The period now drew near, when Mr. Em- 
met was about to leave Ireland forever. After 
being detained a prisoner in Dublin for about 
twelve months, and without the least previous 
notice, an order came that Mr. Emmet and 
twenty more of the prisoners must prepare to 
leave Ireland the next morning at 4 o'clock. 
By the kindness of the jailer's wife, informa- 
tion of the order was communicated to the fa- 
mily of Mr. Emmet. That evening his sister 
paid him a visit. The meeting and the parting 
were such as the imagination easily suggests. 
She was the last of Mr. Emmet's kindred that 
he ever beheld, and she was destined to an ear- 
ly grave, after his departure from the land of 



MEMOIR OF EMMET. 75 

his birth.* At a late hour at night she received 
the parting blessing of a brother dear to her 
heart, and one around whom the most tender 
feelings of her heart were centered. Alone 
and unprotected — leaving her brother for a fate 
beyond the apprehension of either of them, she 
displayed a trait of character which should 
alone rescue her name and her virtues from 
oblivion. She took a carriage, and late as it 
was, repaired to the house of the Lord Lieuten- 
ant. Alone and unattended, she introduced 
herself, and found him and his lady alone. 
She made known her business. She came to 
inquire for the impending fate of her brother. 
Where was he to be sent ? Was he to be doom- 
ed to the scaffold, or forced into obscure and 
lasting exile on some dreary coast ? Her appli- 
cation, her affection for an unfortunate brother, 
her manner and her accomplishments, over- 
came the governor and his wife. They both 

* This is not strictly correct. He met his brother 
Robert at Amsterdam in 1802, shortly before the latter 
returned to Ireland and engaged in the unfortunate 
enterprise which ended in his execution. — Ed. 



76 MEMOIR OF EMMET. 

shed tears, and treated her with the kindness 
and delicacy that spring from sensibility and 
feeling. He said he would tell her all that a 
regard for duty would possibly permit. The 
destined abode of her brother he could not 
mention ; but this he could say, no harm would 
occur to him. He would be treated with libe- 
rality and honour, and was only to be removed 
to a place of safety. News had arrived that the 
French were to make a descent on Ireland : 
her brother and nineteen more were therefore 
to be removed from Dublin and kept as hosta- 
ges. This satisfied Miss Emmet, and she re- 
turned to her father's house. 

At four o'clock the next morning, Thomas 
Addis Emmet beheld Ireland for the last time. 
He left behind him a father, beloved and re- 
vered ; a sister, whom I have already men- 
tioned ; and a brother, whose fate will never be 
read without a tear from the generous, and 
whose last speech presents one of the most dig- 
nified and rich pieces of eloquence that any 
language can produce, whether we look to its 
elevated and manly tone of feeling and senti- 
ment, or to its appeal to the most moving pas- 



MEMOIR OF EMMET. 77 

sions of our nature. They died soon after his 
departure. 

Mr. Emmet and his fellow prisoners were 
landed in Scotland, and imprisoned in Fort 
George.* Here they were confined for three 
years. Mrs. Emmet was permitted to join her 
husband, and never left him afterwards. Du- 
ring his confinement here, Mr. Emmet wrote 
part of an essay towards the history of Ireland, 
which was printed in New- York in 1807, and 
deserves to be more extensively known. It 
displays great vigour of thought, clearness of 
conception, and elegance of language, and will 
one day be read with great avidity and delight. 
Amid all his troubles, his mind remained firm 
and unbroken, full of vigour and industry : — 

Exilium causa ipsa jubet sibi dulce videri, 
Et desiderium dulce levat patria. 

Of his residence at Fort George, Mr. Emmet 
relates many anecdotes with great ease and ap- 

* This is a fortress in the county of Nairn, in the 
northeastern part of Scotland, on Murray Frith. Mr. 
Emmet and his companions were transferred to this 
place early in 1799. — Ed. 



78 MEMOIR OF EMMET. 

parent pleasure. Governor Stuart, an invalid 
officer, who had served abroad, commanded at 
Fort George during the whole residence of the 
Irish patriots in that place. Mr. Emmet speaks 
of him with enthusiastic regard. By a conduct 
at once noble, generous, frank and polite, the 
governor endeared himself to all the prisoners ; 
and his death, which occurred a few years 
since, was heard of with regret by all who had 
known him. He told them when they arrived, 
that they were gentlemen, and so he should 
treat them ; and so he did treat them on every 
occasion. He set an example and gave a tone 
to the whole garrison — even to the lowest pri- 
vate soldier. Whenever the prisonors wished 
to go beyond the fort and requested permis- 
sion, the answer was always the same from 
Governor Stuart ; you go on one condition — 
your parol of honour ; I take the responsibility, 
and place my character for fidelity in your 
hands. The prisoners wished to bathe in the 
sea. Vessels were constantly at anchor or 
hovering on the coast, and when once on the 
shore, which was considerably outside the fort, 
any prisoner might have swum to a French or 



MEMOIR OF EMMET, 



79 



American vessel and escaped. When the pri- 
soners requested permission to enjoy the sea 
waters and the surf, Governor Stuart told them 
the consequence of his granting their request if 
any complaint should reach the government. 
But, said he, "go; — I trust to your honour." 
And where was the prisoner who would have 
escaped? "As soon," says Mr. Emmet, "would 
we have committed suicide." When Mrs. Em- 
met joined her husband, every delicate atten- 
tion, consistent with a military government, was 
paid her by Governor Stuart. He sent a mes- 
sage to Mr, Emmet, that he was at liberty to 
accompany his wife to any distance from the 
fort which she chose to visit, and on her visits to 
the families residing in the neighbourhood, Mr. 
Emmet could always escort her. Mr. Emmet 
wrote him a note, that if this indulgence came 
from the British government, he could not con- 
sistently embrace it ; if from Governor Stuart 
himself, it would give him sincere pleasure to 
accept of his kind offer. Governor Stuart 
wrote a note in answer, that it was his own 
proffer, and it was gladly accepted and enjoyed. 
On all gala days, Governor Stuart remembered 



80 MEMOIR OF EMMET. 

his prisoners, and they were treated with every 
thing the country could afford. 

After the expiration of three years, the 
British government concluded to discharge the 
prisoners from Fort George, and end their suf- 
ferings. A correspondence was opened with 
Governor Stuart, and after every thing was ar- 
ranged, a list of pardons was sent him; and 
here occurs an incident which deserves to be 
remembered in the life of Mr. Emmet. . The 
list of pardons came, including every prisoner's 
name but his own. Governor Stuart sent for 
him, and with evident emotion told him the fact. 
For Mr. Emmet there was no pardon, and he 
was doomed still to remain a state prisoner. 
Neither Governor Stuart nor Mr. Emmet could 
divine the cause of this want of lenity in his 
case. After a moment of deep reflection, si- 
lence and anxiety, Governor Stuart said in a 
decided tone, " Mr. Emmet, you shall go ; I 
will take all hazards and all responsibility ; you 
shall go to-morrow with the rest of the priso- 
ners, and I will stand between you and the gov- 
ernment !" The next morning Mr. Emmet left 
the shores of Scotland, associated with many 



MEMOIR OF EMMET. 81 

painful and some pleasant and grateful recol- 
lections. 

I have thus particularly named Governor 
Stuart, because he displays a character worthy 
of the warmest admiration. Happy would it 
have been for poor Napoleon, had such a 
man been the Governor of St. Helena. The 
commander of Fort George was a personage fit 
for the days of chivalry, when bravery was 
blended with refinement of feeling and the most 
generous sympathies of human nature. He 
had been a gay young nobleman, and expended 
an elegant fortune in the enjoyment of pleasure 
and amusement. He died old, and never suf- 
fered for permitting one of the greatest men 
that Ireland ever produced to regain his free- 
dom and establish a lasting fame on another 
continent. 

Mr. Emmet with his lady and the other nine- 
teen prisoners were escorted to the frigate 
which was sent to convey them to the continent 
of Europe, with waving banners and joyful ac- 
clamations. It was a kind of triumphal pro- 
cession, in which officers and men, subjects and 
rulers, all joined ; for there was no feeling to- 
ll 



82 MEMOIR OF EMMET. 

wards the prisoners at Fort George, but love, 
sympathy and good will. All rejoiced in their 
liberation. Mr. Emmet went to France, where 
he remained some time. Of the particulars of 
his residence there, I am not in possession. 
His health was considerably impaired, and it is 
probable that he did little more than recover 
his health and reclaim a shattered constitution. 
There was no hope of doing any thing more 
for Ireland, and he turned his thoughts to the 
only secure refuge from oppression — the United 
States.* 

In 1804, we find Thomas Addis Emmet a 
resident of our own country. He now moves 
on a new theatre, and occupies a wide space in 

* On their liberation from Fort George, Mr. Emmet 
and his family were landed at Cuxhaven, on their way 
to Hamburg. They left that city and passed through 
Holland, visiting Amsterdam and Rotterdam, and spent 
the winter of 1802 in Brussels, where Mr. Emmet re- 
ceived intelligence of his father's death. In the fol- 
lowing year he visited France, and spent the winter of 
1803-4 in Paris. In October, 1804, he sailed from Bor- 
deaux, and arrived in New York on the 11th of No- 
vember. — ED. 



MEMOIR OF EMMET. 83 

the consideration of a people to whom he was 
hitherto a stranger. He is no longer embarked 
in the troubled scenes of Europe. He com- 
menced his career in the service of his country, 
to aid in conducting a most important revolution 
to a successful issue, and he failed in his at- 
tempt. About six years of the most valuable 
part of his life had been lost by imprisonment 
and the calamities attendant on the part which 
he acted. He now commences a new career, 
and with what success, this narrative may pre- 
sent some slight proof. 

When Mr. Emmet came to the United 
States, he was about 40 years of age. His 
fortune had been broken, and he had a family 
to sustain and educate. For some time he 
doubted which profession he would pursue — 
that of medicine or the law. He was com- 
petent to undertake either. His friends ad- 
vised him to go to the bar, and a great loss 
would have occurred to this country had he not 
done so. He then concluded to remove to the 
western country — to the state of Ohio. He 
had landed in New York, and had soon after 
made a visit to some parts of the southern 



84 MEMOIR OF EMMET. 

country, and Walter Jones, Esquire, a most 
eminent counsellor and advocate in the District 
of Columbia, had procured Mr. Emmet's ad- 
mission to the bar in Alexandria. A slave 
population prevented his residence at the south. 
He had selected Ohio as a future residence for 
many reasons. Land was cheap and the coun- 
try new — he had a rising and increasing family, 
which he wished to plant about him — the com- 
petition was not so closely waged at the bar as 
in some other places, and every thing was 
young and new in polity and laws. 

The venerable George Clinton was then go- 
vernor of the state of New York, and the most 
popular and powerful man in the state. He 
was a plain, stern, ardent republican, and of 
Irish blood. He sent for Mr. Emmet, with 
whom he had little or no acquaintance, and told 
him to remain in the city of New-York. He 
said that Mr. Emmet's great talents would com- 
mand patronage. General Hamilton, one of 
the brightest ornaments of the age in which he 
lived, had fallen in a private quarrel, and there 
was a great opening at the bar, which Mr. 
Emmet could occupy. As to the western coun- 



MEMOIR OF EMMET. 85 

try, Governor Clinton said it was a wilderness, 
and no place for a great lawyer. Mr. Emmet 
replied that he would gladly remain in New- 
York, but he could not practise without a pre- 
vious study of three years, or perhaps six, in 
order to become a counsellor and advocate, 
such were the rules of court adopted in New 
York, and while he was studying law his family 
would want bread. Governor Clinton told him 
in answer, not to be discouraged : if the Su- 
preme Court declined giving him a licence, the 
legislature would give him one by an express 
statute. George Clinton no doubt could have 
effected this offer. He was the idol of the 
people, and the guardian spirit which presided 
over the republican party. De Witt Clinton was 
then mayor of the city of New York, an office 
at that time attended with an income of twenty 
thousand dollars a year. He was then a great 
leader in the republican ranks, a statesman of 
uncommon promise, and had recently resigned 
his seat in the Senate of the United States. 
He also sent for Mr. Emmet, advised him to 
remain in New York, and tendered him his 
utmost services and influence. He thought 



86 



MEMOIR OF EMMET. 



with George Clinton, his uncle, as to the Su- 
preme Court and as to what could be done with 
the legislature. Under these auspices, Mr. 
Emmet changed his plans of future life, and 
concluded to pursue fortune and fame in the 
city of New York. George and De Witt Clin- 
ton then made an informal application to the 
Judges of the Supreme Court. Chief Justice 
Spencer was then on the bench as a puisne 
Judge. Judge Thompson and Vice President 
Tompkins were also there. Chancellor Kent 
was the Chief Justice. Spencer, Tompkins 
and Thompson were found friendly ; Kent, pe- 
culiarly hostile. Judge Spencer was strong 
and decided, and Mr. Emmet always mentions 
the kindness, the friendship, and the effective 
aid of Vice President Tompkins with many ex- 
pressions of gratitude. Within two years past, 
he argued a most important cause for the Vice 
President, without fee or reward, and obtained 
a verdict of $130,000 — it being a suit with the 
United States. He said he did it with great 
pleasure, in remembrance of former friendship. 
Chancellor Kent was a warm, and I may almost 
say, a violent federalist. He execrated all re- 



MEMOIR OF EMMET. 



87 



publican principles in Europe, and was the dis- 
ciple of Edmund Burke as to the French Revo- 
lution. He looked on Mr. Emmet with an un- 
kind eye, and raised his voice against his ap- 
pearing in the forums of our state. To the 
honour of the Chancellor, however, let it now be 
said, that he has more than once expressed joy 
to Mr. Emmet, that the other judges over-ruled 
his illiberal objections. Mr. Emmet was ad- 
mitted to the bar of New York, without a resort 
to the legislature. It was a violation of the 
rules of court, that his great talents and his suf- 
ferings palliated and excused. 

Mr. Emmet now commenced that splendid 
career at the American bar, that has not only 
elevated the character of the profession, but 
reflected back a lustre on his native land. The 
Irish bar have reason to be proud of the exile 
who has so essentially aided in giving immor- 
tality to Irish genius. Very soon after Mr. 
Emmet appeared at our bar, he was employed 
in a case peculiarly well calculated for the 
display of his extraordinary powers. Several 
slaves had escaped from a neighbouring state 
and found a refuge here. Their masters seized 



88 MEMOIR OP EMMET. 

them, and the rights of these masters became a 
matter of controversy. Mr. Emmet, I have 
been informed, was retained by the society of 
friends — the real, steady, ardent and perse- 
vering friends of humanity and justice — and of 
course espoused the cause of the slaves. His 
effort is said to have been overwhelming. The 
novelty of his manner, the enthusiasm which 
he exhibited, his broad Irish accent, his pa- 
thos and violence of gesture, created a variety 
of sensations in the audience. His republican 
friends said that his fortune was made, and they 
were right. 

Mr. Emmet's strong and decided attachment 
to democratic principles was known even before 
he reached the American shores. Coming to 
a country where he could breathe and speak 
freely, he did not find it necessary to repress 
those bold and ardent sentiments which had 
animated his bosom while toiling for the eman- 
cipation of Ireland. He mingled in the ranks 
of the republican party. Trans-atlantic poli- 
tics, it is well known, had extended their agi- 
tations and influence to this country. The 
federal party hated France, hated Ireland in 



MEMOIR OF EMMET. 89 

her revolutionary character, and hated Charles 
James Fox and his whig party in England. 
The line drawn in this country is still visible. 
Mr. Emmet was viewed by the opponents of 
Mr. Jefferson's administration as a fugitive ja- 
cobin. Hence he was doomed to some little 
persecution, even in this country. The great 
men of the New York bar were federalists. 
They therefore turned their faces against Mr. 
Emmet. They formed a combination, and 
agreed to decline all professional union and 
consultation with him. Mr. Emmet has told 
me the names of this shameful league, but as 
they are now his warmest friends and admirers, 
and as I respect and esteem them, their names 
shall not go from me. One man's name, how- 
ever, I shall mention ; for although a firm fede- 
ralist, and an eminent man, he nobly denounced 
the combination and all its objects. I speak of 
Cadwallader D. Colden. He and Mrs. Colden, 
an amiable and excellent lady, have paid Mr. 
and Mrs. Emmet the highest marks of respect 
and civility ever since they became inhabitants 
of the United States. When Mr. Emmet as- 
certained the existence of the league, he did 
12 



90 



MEMOIR OF EMMET. 



not hesitate what to do. His native boldness 
and decision of character governed his conduct. 
He determined to carry the war into the ene- 
my's country. He did not wait for an attack. 
He proved the assailant. Whenever he met 
any of the league at the bar, he assumed the 
attitude of professional war, and he lost nothing 
by contact. If Mr. Emmet has any one extra- 
ordinary power, it is the ready talent of suc- 
cessful and over-awing reply. His spirit is al- 
ways dauntless. Fear he never knew. Hence, 
he generally came off victorious in the wars 
against the combination. 

The league was soon dissolved. Business 
flowed in, and Mr. Emmet assumed a standing, 
and was able to maintain it, that put all opposi- 
tion at defiance. It was not long after his arri- 
val and settlement in New York, that his pro- 
fession produced him ten thousand dollars a 
year. During some years, within a more re- 
cent period, it has amounted to an annual in- 
come of fifteen thousand dollars. 

In 1807, Mr. Emmet appeared before the 
American public in a controversy with Rufus 
King. Mr. King was the federal candidate for 



MEMOIR OF EMMET. 



91 



governor of the state of New York. Mr. Em- 
met, on political and personal grounds, was op- 
posed to his election. At a meeting of the Hi- 
bernian Society, he broke out in an eloquent 
appeal to his countrymen and brethren, and 
urged them to rally and embody against Mr. 
King. This roused the temper of Mr. King's 
friends, and the federal papers, especially the 
New York Evening Post, poured a torrent of 
invective on the head of Mr. Emmet. Severe 
epithets and hard names were applied to him. 
He had seen political war before, and was not 
to have his lips sealed at this time. He ad- 
dressed two letters to Mr. King, and the last 
was long and severe. As this will probably 
reach posterity, I will barely notice its tenor 
and allegations. Mr. Emmet always consi- 
dered Mr. King as instrumental in preventing 
the emigration of the Irish patriots to the 
United States, previous to their imprisonment 
at Fort George. Mr. King belonged to the 
federel school in politics. Among other dis- 
tinctions in this country, there was what was 
termed the French party and the British party. 
The federal party generally sided with the 



92 



MEMOIR OF EMMET. 



British government, in all controversies con- 
nected with continental politics. The Irish 
patriots had sought aid from France, and en- 
countered the general aversion of the fede- 
ralists of this country. Mr. King naturally set 
his countenance against the contemplated revo- 
lution in Ireland, and was not favourably dis- 
posed to the emigration of what were termed 
Irish rebels by the Court of St. James. How 
far he interfered, or how far the British govern- 
ment feigned his interference, I cannot say; 
but it was used as a pretext, if not well founded. 
It will be recollected, that there was a treaty 
between the anglo-Irish government and Mr. 
Emmet, Mr. O'Connor, and Dr. McNeven. 
Among other proffered advantages, was the 
liberation of the prisoners for a residence in 
the United States. That liberation was subse- 
quently denied, in violation of the treaty. Mr. 
Emmet, in his letter to Mr. King, adverts to his 
interference with great feeling and with no 
small indignation. "Your interference," says 
Mr. Emmet, when addressing his letter to Mr. 
King of 9th April, 1807, " was made the pre- 
text of detaining us four years in custody, by 



MEMOIB OF EMMET. 03 

which very extensive and useful plans of set- 
tlement within these states, were broken up. 
The misfortunes which you brought upon the 
objects of your persecution, are incalculable. 
Almost all of us wasted four of the best years 
of our lives in prison. As to me, I should have 
brought along with me my father and his fa- 
mily, including a brother, whose name perhaps 
even you will not read without emotions of 
sympathy and respect. Others, nearly con- 
nected with me, would have become partners in 
my emigration. But all of them have been 
torn from me ! I have been prevented from 
saving a brother, from receiving the dying 
blessings of a father, mother, and sister, and 
from soothing their last agonies with my cares ; 
and this, sir, by your unwarrantable and un- 
feeling interference." At the close of his 
letter, Mr. Emmet remarks : " Circumstances 
which cannot be controlled, have decided that 
my name must be embodied into history. From 
the manner in which even my political adver- 
saries, and some of my cotemporary historians, 
unequivocally hostile to my principles, already 
speak of me, I have the consolation of re- 



94 MEMOIR OF EMMET. 

fleeting, that when the falsehoods of the day 
are withered and blasted, I shall be respected 
and esteemed. You, sir, will probably be for- 
gotten, when I shall be remembered with honour; 
or if, peradventure, your name should descend 
to posterity, perhaps you will be known only as 
the recorded instrument of part of my persecu- 
tions, sufferings and misfortunes." In speaking 
of his brother in this letter, Mr. Emmet alludes 
to Robert Emmet, the unfortunate youth whose 
speech would alone preserve the name of an 
empire, and attract to an age the memory of 
mankind. By his sister, he means that sister 
whose parting with him in the prison of Kil- 
mainham has been already mentioned. 

I express no opinion as to the degree of re- 
proach which should be attached to the cha- 
racter of Mr. King ; but I will not omit what is 
very honourable to himself and to his sons. 
The former has more than once paid the high- 
est compliment to Mr. Emmet's talents, and in 
his late argument in the great steam-boat cause, 
left the senate for two days, to witness and hear 
his stupendous efforts as an orator. Mr. King's 
sons have always paid the highest respect to 



MEMOIR OF EMMET. 95 

Mr. Emmet, and wherever his family have ap- 
peared in private circles, been marked and par- 
ticular in their civility. These are small things, 
but they indicate good feelings. 

Mr. Emmets course in 1807, and his ardour 
and firmness as a republican, identified him 
with the republican party. He never courted 
station or public trust : his theatre was the 
forum. In August, 1812, the Council of Ap- 
pointment conferred upon him the office of 
Attorney General of the State of New York. 
This was a post of honour, but could not add to 
his professional fame or emolument. He held 
the office but for a short time, and has never 
since sought or received any public appoint- 
ment. 

I have now given a brief sketch of Mr. Em- 
met's life, or rather of its most leading inci- 
dents, so far as I have learned them from him 
and otherwise. I must now perform a more 
difficult task, and speak of him as one of the 
great pillars and ornaments of the American bar. 

Helvetius remarks, that the sun of glory only 
shines upon the tomb of greatness. His ob- 
servation is too often true, but facts and living 



96 



MEMOIR OF EMMET. 



proofs sometimes contradict it. Mr. Emmet 
walks on in life, amid the eulogiums, the admi- 
ration, and the enthusiastic regard of a great 
and enlightened community. Without the glare 
and influence of public office, without titles and 
dignities, who fills a wider space, who com- 
mands more respect, than Thomas Addis Em- 
met? Like a noble and simple column, he 
stands among us proudly pre-eminent — destitute 
of pretensions, destitute of vanity, and destitute 
of envy. In a letter which I recently received 
from a friend, who resides in the western part of 
the union, a lawyer of eminence, he speaks of 
the New York bar. " Thomas Addis Emmet," 
says he, "is the great luminary whose light even 
crosses the western mountains. His name rings 
down the valley of the Mississippi, and we hail 
his efforts with a kind of local pride." 

If to draw the character of Homer needs the 
genius of the immortal bard himself; if to 
pourtray the powers of Demosthenes requires 
the gigantic intellect of the great Athenian 
orator, Mr. Emmet has nothing to expect from 
me. In presenting the features of his mind, I 
shall describe them from the impressions they 



MEMOIR OF EMMET. . 97 

make on me. I paint from the original. I catch 
the lineaments of the subject as living nature 
presents them. 

The mind of Thomas Addis Emmet is of the 
highest order. His penetration is deep, his 
views comprehensive, his distinctions remark- 
ably nice. His powers of investigation are vi- 
gorous and irresistible. If there be any thing 
in a subject, he will go to the bottom. He 
probes boldly, reaches the lowest depths by his 
researches, analyzes every thing, and embraces 
the whole ground. He may be said to have a 
mind well adapted to profound and powerful in- 
vestigation. In the next place, he has great 
comprehension. He sees a subject in all its 
bearings and relations. He traces out all its 
various operations. He begins at the cen- 
tre and diverges, until it becomes necessary 
again to return to the centre. As a reasoner — a 
bare, strict reasoner, Mr. Emmet would always 
be placed in an elevated rank. No matter how 
dry, how difficult, how repulsive the topic ; no 
matter what may be its intricacies and perplex- 
ities, if any man can unfold and amplify it, he 

is equal to the task. The investigating talent is 
13 



98 • MEMOIR OF EMMET. 

not, in my apprehension, peculiar to the Irish 
character; and among that constellation of 
talent exhibited by Ireland, but few men have 
appeared who were endowed with a strong rea- 
soning power. Genius, fancy, fertility, variety, 
wit, enthusiasm — these appear, and fall to the 
province of a long list of illustrious and cele- 
brated Irishmen ; the attribute first spoken of 
is rare and marked. Without wandering too 
far, I must here mention a fact relating to Mr. 
Curran, that has given me some surprize. Mr. 
Emmet informs me that Curran, with whom the 
former was on intimate terms, possessed a lo- 
gical head. This 1 never before conceived. 
His printed speeches do not show it. However, 
it should be remembered that his every day bu- 
siness — his contests in the King's bench of Ire- 
land, and his arguments in the Court of Chan- 
cery, do not reach us. We only see him be- 
fore a jury, (except in one instance,) moving 
the feelings, appealing to the sympathies, and 
kindling all the better emotions of the human 
breast. 

But to return to Mr. Emmet. I have spoken 
of his talent for deep and rigid investigation. I 



MEMOIR OF EMMET. 



99 



will now again recur to another feature of his 
mind — his talent for reasoning on whatever data 
or premises he relies on. All the illustrations 
and all the analogies which can well occur to 
the mind, are readily and adroitly arranged in 
his arguments. He makes the most of his 
cause, and often makes too much — giving a 
front that is so palpably over formidable, that 
men of the plainest sense perceive the fruits of 
a powerful mind, without being at all convinced. 
Mr. Emmet is a lawyer of great and faithful 
legal research. He has consulted books with 
as much fidelity and perseverence as any man 
at the American bar. Perhaps he has not done 
this with so much system as appears in the 
study of many others ; a constant pressure of 
business may have prevented study upon ab- 
stract principles, with bare views of gaining 
knowledge ; but in his day, he has spared no- 
thing in the compass of his reading. He has 
gone back to the black letter, and come down to 
all the modern works that weigh down the 
shelves of our libraries, in the shape of reports 
and elementary treatises. In his arguments, he 
calls up all the authorities applicable to his 



100 MEMOIR OF EMMET. 

case ; and what is of great consequence in the 
character of a finished lawyer, these authorities 
shed light on the subject matter of discussion. 
There are many advocates, and too many judges 
among us, who make a parade of their learning ; 
who quote decisions without an accurate discri- 
mination of what they tend to prove. Legal 
distinctions are not less nice and delicate than 
those of a moral order. Law and ethics are in 
fact intimately blended. A system of jurispru- 
dence embraces rules of action for all the con- 
cerns of human life that can be interesting to 
the whole community ; for all the business 
transactions of Society ; for the discharge of all 
mutual obligations incident to civilization, and 
which it may be necessary for constituted au- 
thorities to enforce. No rule of law can be 
sound and salutary unless it be consistent with 
justice, when carried through in all its bearings 
and in its full application to all cases to which it 
can even pertain. This is the difference be- 
tween partial and general rules. The law deals 
in general rules. All its axioms are general. 
All its maxims are intended to be universal. 
Hence, when a principle of law is laid down in 



MEMOIR OF EMMET. 101 

a case of a collateral nature to the one under a 
particular discussion, it needs some judgment to 
ascertain its strict applicability to a given case. 
Mr. Emmet cites with accuracy, and courts 
very much rely on his discernment — a cha- 
racter, by the way, of immense importance to 
an advocate. Courts soon measure a lawyer's 
understanding. If he wants perspicuity and 
clearness — if he mingles and confuses — he is 
sure to mislead, if he command respect and 
credence. Hence he will not long find coun- 
tenance in legal tribunals. Mr. Emmet is not 
fond of resorting to the civil law, the corpus 
juris civilis. He occasionally draws from this 
fountain, but reposes generally on the common 
law. The text of the civil law is in his library, 
and the works of most of the commentators on 
this text ; but my apprehension is that he has 
only consulted this grand body of jurisprudence 
in extraordinary cases. 

The subject of this memoir is not less distin- 
guished for his knowledge of the theory of the 
law, than he is of the practice. As a special 
pleader, he has great experience and precision. 
And whoever looks through the decisions of 



102 MEMOIR OF EMMET. 

cases in the New York reports, and those ar- 
gued in the Supreme Court at Washington, 
where he has been concerned, will be con- 
vinced of the fact here asserted. It has been 
said, that while Erskine dazzled, charmed and 
astonished all who heard him in Westminster 
Hall, the hard head and watchful skill of the 
nisi prius lawyer was always perceptible. Mr. 
Emmet, while he displays wonderful powers 
of eloquence, and indulges in bursts of lofty 
and noble sentiment, and appeals to the great 
moral maxims that must govern men in this 
world while we have laws, morals, and obedi- 
ence to order, never forgets the landmarks of 
professional watchfulness : he is still the well 
disciplined lawyer, contending for his client. 

I' must now mention another advantage that 
distinguishes Mr. Emmet in his professional ca- 
reer. His historical illustrations are numerous, 
pertinent, and happy. In this he excels any 
man whom I have ever heard. He was edu- 
cated in Europe, and was for many years not 
only a political man, but associated on intimate 
terms with the first men of the age. He not 
only read, but he heard and saw. In addition 



MEMOIR OF EMMET. 103 

to what we find in the volumes of history, he 
collected many things which floated in the at- 
mosphere of the times, well calculated to give a 
clue to the character of men and of transactions 
lost to the ordinary historian. Besides this, he 
collected a vast fund of anecdote from personal 
intercourse with great and knowing men. In 
the various changes of the British ministry, and 
during a great number of party conflicts, many 
interesting circumstances transpired, worthy to 
be treasured up by the moralist, or to be lashed 
by the satirist. In arguing and in trying great 
causes, I have heard Mr. Emmet draw on his 
memory with great effect — calling up parallels 
and presenting striking contrasts. I can at this 
moment call two instances to mind, where his 
recollection and historical knowledge afforded 
him much aid. When the honourable William 
W. Van Ness was facing that torrent of political 
persecution that swept him to the grave, Mr. 
Emmet was his leading counsel. There was 
instituted a legislative inquiry into his connexion 
with the incorporation of the Bank of America, 
with an intention to find matter on which an 
impeachment could be sustained — he being a 



104 MEMOIR OF EMMET. 

Judge of the Supreme Court of the state of 
New York. The case was peculiar, and will 
be memorable in the history of our state. It 
terminated in a vote, that there was no ground 
to impeach judge Van Ness, or to prefer arti- 
cles of impeachment ; and in this vote of the 
house of Assembly, there was but one dissenting 
voice. His name, it is hoped, for the honour of 
free principles and the character of justice, will 
never be mentioned. But to the point. Judge 
Van Ness had been a warm federalist, and con- 
stant to his principles. He was now a friend 
and supporter of Dewitt Clinton. Some ot his 
old federal friends, who had completely faced 
about, and joined what were called the bucktail 
party, commenced against him a violent and 
implacable system of hostility. These men 
had been his bosom friends for years after the 
incorporation of the Bank of America. They 
had, at one time, anxiously sought his nomina- 
tion for Governor. Some of them, who were 
his immediate accusers, had flourished under 
the auspices of his friendship. But political 
rancour and personal ambition sealed the heart 
to feelings that are honourable to our nature, 



MEMOIR OF EMMET. 



105 



and judge Van Ness was marked out as a vie- 
tim of unprovoked vengeance. In the course 
of the investigation, there was an argument at 
the bar of the House of Assembly. Here was 
a fine field for Mr. Emmet's transcendant pow- 
ers, and he made one of his most fortunate ef- 
forts. I heard his argument, and I shall never 
forget it. I shall here only allude to his intro- 
duction. He first spoke of the nature of the 
inquiry instituted against his client. He was 
not assailed by foes who had been arrayed 
against him for years— whose hostility had been 
rendered keen and inveterate by long, constant, 
and bitter conflicts. He was not assailed by 
men whose happiness he had blasted, whose 
fortunes he had wrecked, whose hopes he had 
disappointed, whose paths he had crossed ; he 
was a persecuted man, and persecuted by those 
in whose bosoms gratitude, sympathy and re- 
spect for his client should find a genial and 
a lasting refuge. He then struck off* into En- 
glish history. He spoke of the great and illus- 
trious men who had fallen martyrs to the cause 
of their country, or victims to political and 
party violence. The scaffold had streamed 



14 



106 MEMOIR OF EMMET. 

with their blood, and their country had blushed 
in later ages for their fall ; but in all these dark 
and disgraceful scenes, how many noble in- 
stances of friendship, regard, and personal 
fidelity had appeared ! He particularly alluded 
to the case of Lord Wentworth, and repeated 
his words as he uttered them on his trial. 
While these lights were brought from history, 
the attention of the Assembly and the spec- 
tators was perfectly chained to the words of 
the advocate. Every sentence was heard, and 
the blood ran cold in every man's veins. 

The other instance appeared in a case of less 
note. It was a case of libel. A suit had been 
commenced against the editor of a newspaper, 
and in the course of the trial certain charges 
made by the plaintiff on the defendant were 
brought under examination. The editor was 
charged with having made offers to sell himself 
to a political party hostile to the one with which 
he was identified. Certain witnesses proved, 
that he had proposed that for a certain loan of 
money, he would cease from his political la- 
bours, and be silent. This was said by his 
counsel to amount to nothing like a proposition 



MEMOIR OF EMMET. 



107 



to sell himself. Throughout the trial, Mr. Em- 
met displayed an elevated idea of moral recti- 
tude, and indicated his views of political ho- 
nour. Some of his remarks would rank with 
the beautiful sketches of Johnson, in his Ram- 
bler and Idler. When he came to the propo- 
sition alluded to, he presented the case of the 
Earl of Bath. He had been a distinguished 
leader of the whig party in England. On the 
floor of the House of Commons, he was viewed 
as an intrepid and incorruptible patriot. He 
almost arrested the ministry in its course of 
measures. Sir Robert Walpole at length made 
him Earl of Bath, and from that moment, no 
more was heard from the great whig and com- 
moner, Mr. Pulteney.* Did he not sell him- 
self? said Mr. Emmet. The British nation 
thought so, and the execrations of the whole 
empire gathered round his head and followed 
his daily walks. What instance more appro- 
priate and forcible could have been put to the 
jury 1 I was engaged with Mr. Emmet in this 

* Vide Smollett Hist, of England, p. 268, Jones' Uni- 
versity ed.— 1826. 



108 MEMOIR OF EMMET. 

trial, and well remember that he quoted from 
Lord Byron's poem, Lara, with great effect ; I 
do not mean the poetry, but the narrative. He 
produced one of the poet's worst characters. 
I merely cite these two instances to show his 
mode of availing himself of his researches.* 

As a classical scholar, but few men can stand 
before Mr. Emmet in point of attainments. He 
is familiar with the great writers of antiquity — 
the master spirits who have infused their genius 
and their sentiments into the popular feelings of 
ages which have rolled on long after the poet 
and the orator, the statesman and the historian, 



* The passage referred to was something like this : — 
" Gentlemen of the Jury — You have no doubt read the 
poems of Lord Byron. At the festival, Sir Ezzelin re- 
cognizes and exposes the villain, Lara. He challenges 
his adversary to single combat, and before the appointed 
time, he disgracefully murders him. Then, at 

1 * * * * the promised hour, that must proclaim 
The life or death of Lara's future fame,' 

he appears on the battle-ground, and exclaims ' why 
comes he not ? Produce this babbler.' So the defendant, 
gentlemen, re-possessing himself of his written offer, ex- 
claims, Produce the document." 



MEMOIR OF EMMET. 109 

have ceased to glow, to speak, to guide, or to 
write. He has closely consulted those oracles 
of wisdom, those disciples of philosophy, those 
sons of the muses, whose opinions, sentiments 
and effusions lighten the sorrows of human ex- 
istence, inspire the mind with noble ideas, and 
cheer the ardent and persevering devotions of 
the student. The man of whom I speak is 
more intimately acquainted with the poets of 
Greece and Rome, than with the prose writers : 
at least, such is the fact evinced in his speeches 
and conversation. Virgil and Horace are al- 
ways on his tongue, and Juvenal is sometimes 
called to his aid. There is a reason for this 
kind of learning in Mr. Emmet. His early 
education was in the schools of Europe. He 
had all the discipline and all the primitive ad- 
vantages peculiar to those schools. The Latin 
and the Greek tongues were introduced to his 
notice when yet a child, and for years they 
were his daily companions. The writings of 
the British classics he has also consulted with a 
delight and advantage which often appear in his 
arguments. Shakspeare, in particular, he often 
quotes. 



110 MEMOIR OF EMMET. 

One of the greatest charms of Mr. Emmet's 
eloquence, is the fancy which he continually 
displays. He possesses an imagination bound- 
less as the world of light, grandeur, and beauty. 
Its flights are bold — its pictures soft, magnifi- 
cent, or awful, as the subject may require. 
This power is greater in Mr. Emmet than in 
any other lawyer whom I have ever heard. It 
enables him to shed a charm over every subject 
which he touches. To the most dry and meagre 
topic, he can impart interest and attraction. All 
his figures indicate taste and propriety. They 
are often bold and daring, and frequently show 
very great accuracy and precision of language. 
It falls to his province to impress on the mind of 
every hearer a recollection as lasting as life. 

No man who ever heard him for an hour can 
forget his figure, his face, his manner, and a 
great part of his very language. Some of his 
peculiar figures of speech would be well re- 
membered. 

I have already spoken of Mr. Emmet's rea- 
diness at retort. Whoever rouses his energies 
by a rude assault or a stroke of satire, is sure to 
hear of it again, and generally has good reason 



MEMOIR OF EMMET. Ill 

to regret the ill-timed provocation. In 1815, he 
made his first appearance at the Supreme Court 
of the United States in Washington. He and 
Mr. Pinckney were brought in contact. The 
latter closed the argument in a very important 
cause in which they were both engaged, and 
with 'his characteristic arrogance alluded to the 
fact of Mr. Emmet's migration to the United 
States. When he had concluded his argument, 
Mr. Emmet being for the respondent in error, 
had no right to reply ; but he nevertheless rose, 
and after correcting a trifling error in some of 
Mr. Pinckney's statements, he took up the 
mode and manner in which his opponent had 
treated him. He said he was Mr. Pinckney's 
equal in birth, in rank, in his connexions, and 
he was not his enemy. It was true that he was 
an Irishman. It was true that in attempting to 
rescue an oppressed, brave, and generous 
hearted people, he had been driven from the 
forum and the Senate -hall of his own native 
land ; it was true that he had come to America 
for refuge, and sought protection beneath her 
constitution and her laws ; and it was also true 
that his learned antagonist would never gather a 



112 MEMOIR OF EMMET. 

fresh wreath of laurel, or add lustre to his well 
earned fame, by alluding to these facts in a 
tone of malicious triumph. He knew not by 
what name arrogance and presumption might be 
called on this side of the ocean ; but sure he 
was, that Mr. Pinckney never acquired these 
manners in the polite circles of Europe, which 
he had long frequented as a public minister. 
Mr. Pinckney was not ready at retort, and he 
made no reply ; but a few days afterwards it so 
happened, that he and Mr. Emmet were again 
opposed to each other in a cause of magnitude, 
and it fell to Mr. Emmet's part to close the ar- 
gument, who was determined that his antagonist 
should be put in mind of his former deportment 
and expressions. Mr. Pinckney was aware of 
the thunderbolt in store, and took the opportu- 
nity of paying to Mr. Emmet's genius, fame, 
and private worth, the highest tribute of re- 
spect. This respect was never afterwards vio- 
lated. When Mr. Emmet rose out of his place 
as before stated, Chief Justice Marshall indica- 
ted great uneasiness, thinking that something 
unpleasant might be the result. Mr. Justice 
Livingston reached forward his head and re- 



MEMOIR OF EMMET. 



113 



marked in a whisper, "let him go on; I will 
answer that he says nothing rude or improper." 
With this, as well as with the result, the Chief 
Justice was satisfied. 

Some years previous to this, Mr. Emmet re- 
paired to the county of Chenango, to try an in- 
dictment for an attempt to procure the vote of a 
member of the legislature by bribery and cor- 
ruption. He was then Attorney General, and 
the proceeding excited strong party feelings. 
Elisha Williams and Mr. Foot, formerly an em- 
inent counsellor and advocate residing in Al- 
bany, were opposed to him. The latter had his 
task assigned him — he was to brow-beat Mr. 
Emmet. In the discharge of this duty, he sta- 
ted, among other things, that Mr. Emmet's pro- 
motion to the office of Attorney General was 
the reward of party efforts, and that in con- 
ducting this prosecution, he was doing homage 
for that office. He gained nothing by his as- 
saults. When Mr. Emmet came to this part of 
his speech, he stated the accusation as it had 
been made by his opponent, and replied, "it is 
false, and he knew it. The office which I have 

the honour to hold, is the reward of useful days 
15 



114 MEMOIR OF EMMET. 

and sleepless nights, devoted to the acquisition 
and exercise of my profession, and of a life of 
unspotted integrity — claims and qualifications 
which that gentleman can never put forth for 
any office, humble or exalted." 

In 1822, Mr. Emmet was employed in a very 
interesting case in the Court of Errors in the 
state of New York. A man had died leaving a 
large estate, and a pretended wife claimed it by 
virtue of a nuncupative will. The estate was 
claimed by Irish heirs, and the legality of the 
will was disputed. Mr. Emmet appeared for 
the heirs, and it occurred that most or all the 
witnesses who sustained the illegality of the 
instrument in question, were Irishmen. Mr. 
Henry, of Albany, an able and sagacious ad. 
vocate, attempted to invalidate the testimony of 
these witnesses, and indulged many rude hits on 
account of their national character. Mr. Hen- 
ry being himself of direct Irish descent, and 
having made almost a direct attack on Mr. Em- 
met, roused all his fire. The arguments of the 
different counsel consumed several days, and 
when the great Irish orator drew to the close of 
his extraordinary efforts, which had consumed 



MEMOIR OF EMMET. 



115 



two entire days of the court, he broke forth into 
one of his master exertions. The nature of the 
testimony alluded to he had already examined ; 
he now took up the reflection on Irish character . 
He carried the eye of the court over fhe land of 
his birth — the graves of her illustrious men — 
the monuments of her heroes, her orators, her 
statesmen, her poets, her philosophers ; he then 
pictured her green fields, her beautiful shores, 
the genius of her people, the simplicity of her 
peasantry, and the dark and horrid gulf in 
which her liberties and her happiness were bu- 
ried ; he came down to himself, the scenes 
through which he had passed, and the honesty, 
the zeal, and the integrity which he had found 
among his countrymen. And lastly, he pointed 
to Mr. Henry. If he had a drop of good blood 
in his veins, it was Irish blood. When he be- 
held the successful efforts in that forum on the 
part of his learned antagonist, he felt that he 
was an Irishman ! The whole scene was one of 
the most interesting that I ever witnessed. 

Mr. Emmet's deportment at the bar is mild, 
urbane, dignified and conciliating. To the ju- 
nior members of the profession, in particular, he 



116 MEMOIR OF EMMET. 

is a model of obliging civility — always speaking 
favourably of their efforts and kindly of their 
exertions, however meagre and discouraging. 
To me he has given many sound lessons of ad- 
vice. " Let me see you do that again," has been 
his language of reprehension when condemning 
some particular habit or fault. 

Mr. Emmet's appearance and manners are 
plain and simple in the extreme. His dress is 
wholly unstudied. Every thing, however, shows 
the most perfect delicacy of feeling. Modest, 
unassuming, unobtrusive, and perfectly polite, 
he would alone attract the attention of a stran- 
ger by that amiable temper and obliging dispo- 
sition that manifested themselves on all occa- 
sions. I do not consider him an eloquent or a 
powerful man in ordinary conversation. His 
remarks are generally appropriate, and well 
adapted to passing colloquial scenes. He 
speaks with sense and intelligence ; but he dis- 
covers nothing of the man he is, unless called 
out by an occasion sufficient to awaken his 
mind and create excitement. In the circles of 
Washington, with Robert Goodloe Harper, John 
Randolph, William Wirt, and others of an equal 



MEMOIR OF EMMET. 117 

rank in talents, I have heard him converse with 
uncommon interest on English history and the 
policy of European governments. I once heard 
him contrast and describe the characters of the 
most distinguished British statesmen who had 
shared in the confidence of the government, 
from the days of Robert Walpole to those of 
Lord Castlereagh, a man whose heart he ab- 
horred and detested; but how much more pow- 
erful and interesting would he have appeared on 
the same topics in the Senate house ! 

Having never heard the speeches and argu- 
ments of Erskine and Curran, 1 am incompe- 
tent to compare Mr. Emmet with those great 
orators. Manner is one of the principal attri- 
butes of a great speaker ; and Mr. Emmet's is 
excellent, and in many respects unrivalled. 
But if I might be permitted to compare Mr. 
Emmet's speeches, as I know they would read 
if written out, with Erskine's and Curran's, as 
they are reported, he would not fall behind his 
illustrious competitors. To Mr. Curran, I think 
Mr. Emmet superior — superior as a mere law- 
yer, and superior as a logician; and exquisitely 
beautiful and truly eloquent as Curran really 



118 MEMOIR OF EMMET. 

was in the defence of Rowan, I think Emmet 
would have made a more powerful and over- 
whelming speech in that great case. As a law- 
yer and an orator, I am not to say that he is 
superior to what Erskine was in the days of his 
glory ; for I view that orator with a veneration 
that is never invaded or diminished. Mr. Em- 
met would not have excelled him in the case of 
Stockdale, in the case of the publisher of the 
Rights of Man, nor in any of the splendid ef- 
forts that marked the unrivalled career of the 
prince of English orators in the forum ; but he 
would have been the competitor of Erskine in 
such cases, had he met him on equal terms at 
the English bar ; and I might safely challenge 
the whole list of Irish orators for the superior of 
Thomas Addis Emmet. As for Charles Phil- 
lips, he is not to be named in comparison. He 
is the fertile and baneful source of false taste 
and declamatory nonsense. Oftentimes he is 
beautiful ; but his style has done infinite injury 
among the students of our schools and universi- 
ties. Mr. Emmet's style is always pure, vigo- 
rous, and appropriate. 

In his private character, the object of this 



MEMOIR OF EMMET. 119 

memoir is without a blemish. Generous, hu- 
mane, obliging, and strictly honest ; a heart 
open, frank and ardent ; upright in all his deal- 
ings ; rigid and austere in his habits ; temperate 
and rational in all his enjoyments ; liberal, and 
free from prejudice upon every subject ; kind 
and affectionate as a husband, a father, and a 
friend ; anxious to do good and diminish evil. 
Such a man is Mr. Emmet. 

With all these qualities of intellect and of 
heart, Mr. Emmet has some defects ; I mean 
defects of a professional description. His zeal 
sometimes clouds his judgment, and obscures 
the perceptions of his mind. In the worst of 
causes — in cases where the merits were pal- 
pably against him, I have known him struggle 
with the same ardour and assurance as though 
he was perfectly persuaded of the justice of his 
suit. This has diminished his influence in our 
courts. They have imbibed a habit of listening 
to his legal doctrines with suspicion. I once 
heard him argue a point of law before Judge 
Thompson, in the Circuit Court of the United 
States, with a great deal of animation and ap- 
parent conviction of the correctness of his 



120 MEMOIR OF EMMET. 

grounds. When he had finished, Judge Thomp- 
son put a case to him to test the soundness of 
the counsellor's positions. He began by say- 
ing, " suppose, Mr. Emmet, that ten years 
hence this case occurs, &c." describing the 
premises from which he wished Mr. Emmet to 
draw the conclusion. Mr. Emmet found him- 
self in difficulty, and merely replied, that ten 
years hence his client might have other coun- 
sel, whom he would leave to answer the ques- 
tion. Perhaps the question was not altogether 
proper, for a lawyer must take cases as they 
come into his hands ; he cannot make them to 
conform to his inclinations. Still, he should be 
a little guarded how he commits his reputation 
for sound legal learning in sustaining doubtful 
or more than doubtful points. 

I cannot follow my inclination in closing this 
little notice, without committing to writing some 
anecdotes which Mr. Emmet has related to me. 
I will mention two or three which reflect great 
credit on the fidelity of the Irish people. The 
first has a relation to the celebrated Mr. Rowan, 
already spoken of. It will be recollected that 
he was convicted in that celebrated trial where 



MEMOIR OF EMMET. 121 

he was defended by Mr. Curran. He was cast 
into prison, and his sentence was hard and se- 
vere. While incarcerated in the cells of one of 
the dungeons of Dublin, Mr. Emmet and two or 
three others contrived a plan for his escape. It 
was successfully executed. A small vessel was 
to take him to France. It was an Irish schoon. 
er, manned by Irish sailors, who knew nothing 
of the person whom they were to transport to 
the continent. His name, character, and every 
thing were concealed. They agreed to take a 
person to Havre for a certain sum, and to go 
with all possible expedition. In the night time 
Mr. Rowan boarded the little vessel, directly 
from his jail. The wind changed, and instead 
of sailing the next morning as it was expected, 
she was detained some five or six days in port. 
The government discovered Mr. Rowan's es- 
cape the next morning subsequent to his delive- 
rance from captivity. A proclamation was in- 
stantly issued, and three thousand pounds ster- 
ling were offered as a reward for his detection. 
There were but four or five seamen in the 
whole crew of the Irish vessel. Mr. Rowan's 

situation may now be well imagined. All Dub- 
16 



122 MEMOIR OF EMMET. 

lin rung with the news of his breaking from 
prison. The sailors were daily on shore. The 
proclamations were posted up on the market 
cross and every where else, and scattered in 
the streets. The seamen picked up several 
copies and brought them on board their vessel, 
and read them aloud in Mr. Rowan's presence ; 
for he had never left his place of concealment. 
At length one of the crew cast his eyes on 
Mr. Rowan, and quick as lightning, comparing 
him with the description contained in the pro- 
clamations, exclaimed, " You are the man! 
This is Archibald Hamilton Rowan /" Mr. Row- 
an, with that firmness incident to his character, 
replied, " I am the man ; I am Rowan — and I 
am in your hands; act as you think proper." 
Instantly every one of the crew answered, 
"Mr. Rowan, you are safe. By us you shall 
never be given up. We have agreed to carry 
you to France, and there you shall be landed." 
The next day the schooner sailed, and there 
Mr. Rowan was landed by these poor sailors. 
Let the annals of the world be consulted ; let 
the noblest traits of human nature which ages 
have unfolded be displayed in their most com- 



MEMOIH OF EMMET. 123 

prehensive form, and where would a nobler in- 
stance of disinterestedness be found ? The re- 
ward was great ; to Mr. Rowan these poor men 
were allied by no political sympathy nor by any 
other peculiar tie ; they had never seen nor 
known him before. Their compensation to car- 
ry him to France was a mere trifle ; he made 
them no splendid offers of money, and yet he 
was protected by their generous feelings — their 
sense of humanity, honour and justice. 

On one of the northern circuits, Mr. Emmet 
was retained to defend one of the United Irish- 
men indicted for treason. He entered the pri- 
son where his client was confined, and talked 
over his case. His defence consisted in the 
weakness of the prosecution. The prisoner 
said that he must be acquitted, because the 
government could produce no testimony against 
him. He said he was guilty enough, but it 
could not be proved. " But," said Mr. Emmet, 
" surely the United Irishmen in this quarter of 
the country are familiar with the overt acts of 
your treason ; how do you know that you are 
not betrayed?" "God forbid," said the prisoner, 
"that such a suspicion should cross your mind. 



124 MEMOIR OF EMMET. 

If United Irishmen are to prove treacherous, 
my life is in the hands of forty thousand men. 
Yes, Mr. Emmet, this day forty thousand wit- 
nesses know that I have committed treason ; but 
mark my words — my life is safe." The trial 
ensued, and the prisoner was restored to his fa- 
mily and to his country. Tacitus, the illustri- 
ous Roman historian, I think, in his commence- 
ment of the life of Agricola, speaking of the 
dark and horrid scenes of tyranny and blood 
through which the Roman people had passed 
during his days, remarks with great sensibility 
and pathos, that amid all these trials and cru- 
elties, many noble instances appeared, honoura- 
ble to the human heart. Fidelity often tri- 
umphed over all temptations and sufferings ; 
friends protected friends ; and the most virtuous 
sympathies of the human soul were cultivated 
with unshaken constancy. There are facts in 
Irish history deserving the pencil of Tacitus. 

In one of the northern counties, a poor but 
reputable man was condemned to be hung for 
being concerned in the contemplated rebellion 
concerted by the United Irishmen. When the 
court sentenced him for execution, one of the 
judges read him a long moral lecture upon the 



MEMOIR OF EMMET. 125 

enormity of his offence — the wickeness of op- 
posing the British government. After exhaust- 
ing all the sources of his pathetic elequence, 
he asked, " and have you no wife and children 
to leave behind you?" "Yes, my Lord," said 
the poor man, "I have a wife and children; 
but I leave them in the hands of God, and they 
are willing to trust to him after I am gone and 
buried. They rejoice in the glorious cause for 
which I perish." 

In a recent case in our criminal court for the 
city of New York, Mr. Emmet has had an op- 
portunity of explaining the broad principles of 
that grand revolution in which he embarked. 
The United Irishmen and the Orange-men who 
had emigrated to this metropolis had a tre- 
mendous battle upon old party grounds. They 
appeared in our streets in the upper part of the 
city with their ancient badges of distinction. 
Terrible assaults and batteries were committed, 
but no lives lost. Mr. Emmet appeared in 
court as the counsel for his ancient associates, 
and we may well imagine in what manner he 
touched on that portion of Irish history that re- 
called to his mind the days of his suffering, per- 
secution and imprisonment. For two hours he 



126 MEMOIR OF EMMET. 

spoke on this topic ; and as the younger Lyttle- 
ton said, when he first heard Lord Chatham, he 
made my blood run cold, and touched the deep- 
est recesses of my heart. The Irish population 
had gathered into court, and with silent awe 
they heard their great countryman pour out his 
soul on the degradation of the country which 
they had abandoned. However, both parties 
did not feel the pride which was manifested by 
the famous Lord Lovet, when he was tried for 
his life and found guilty. Mr. Murray, after- 
wards Lord Mansfield, was then Attorney Ge- 
neral, and conducted the prosecution — the trial 
having taken place in England, not Scotland. 
The eloquence of Lord Mansfield requires no 
eulogium at this late day. He broke forfh on 
this occasion with great power. After he had 
concluded, Lord Lovet, who was proud to see a 
Scotchman at the head of the English bar, re- 
marked, " that it was worth being executed to 
hear such a speech from his countryman." 



Here ends the manuscript of Mr. Haines. It 
remains for the editor to add the circumstance s 



MEMOIR OF EMMET. 127 

of Mr. Emmet's death. Early in November, 
1827, he had been much engaged in the de- 
fence of Lieut. Percival, on a charge of extor- 
tion, and also in a cause of unusual importance, 
generally called the great Astor case, involving 
the right of Mr. Astor to lands in Putnam coun- 
ty, to the amount of perhaps eight hundred 
thousand dollars. In the former case he de- 
fended his client with all his accustomed vigour 
and ability, and the result was a verdict of ac- 
quittal. In the latter, on Monday, the 12th, he 
addressed the jury in a style of animated elo- 
quence, of prompt and overwhelming retort, 
and of powerful argument, which was said by 
many of his audience to have even surpassed 
his earlier efforts. On Wednesday, the 14th, 
while attending the trial of another cause of 
importance, (the case of the Sailors' Snug Har- 
bour,) in which he was counsel, in the United 
States' Circuit Court, he was seized with an 
appoplectic fit ; and on being carried home, he 
expired in the course of the following night, 
being in the 63d year of his age. He had made 
no exertion in particular that day, but had taken 
notes of the testimony through the morning, arid 



128 MEMOIR OF EMMET. 

on examination these notes were found to be a 
full and accurate transcript of what occurred up 
to the very moment when the pen fell from his 
hand on his being seized with a fit. The scene 
in the court room was in the highest degree im- 
pressive. Every individual present — the court, 
the bar, the audience, all were absorbed in 
the most anxious interest for the fate of this 
eminent man. The court was instantly ad- 
journed. When his death was known, the ex- 
pression of sorrow and respect was universal. 
His funeral was attended by the members of 
the bar, the students at law, and a crowd of 
other citizens, all desirous to pay their tribute of 
respect to the memory of the great deceased. 
A neat monument of white marble has since 
been placed in the wall of the apartment where 
Mr. Emmet was seized with the fatal illness. 
It is surmounted with his bust, and bears the 
following inscription : 



129 

THOMCE . ADDIS . EMMET 

VIRO 

DCCTRINA . IURE . SCIENTIA . ELOQUENTIA 

PRCESTANTISSIMO 

INTER . H^EC . SUBSELLIA . ET . OFFICII . MUNERA 

SUB1TA . MORTE . CORREPTO 

SOCII . FORENSES . POSUERANT. 

It may be permitted to add a few words to 
what the foregoing pages contain respecting the 
eminent subject of this memoir. 

Mr. Emmet was a diligent student. He con- 
fined himself to study and business more than 
twelve hours a day. After returning home in 
the evening, he would retire to his own apart- 
ment, and continue the investigation of any 
subject in which he was engaged till twelve or 
one at night. His constitution was vigorous, 
and his habits uniformly temperate, so that his 
devotion to study never seemed to injure his 
health. It was one consequence of this intense 
application, that he was remarkable among his 

brethren at the bar for his perfect knowledge of 
17 



130 MEMOIR OF EMMET. 

the cases in which he was concerned. When 
Mr. Emmet came into court, he was sure to be 
familiar with every point of the testimony, and 
could not be taken by surprise. When not em- 
ployed in solving some legal question, his read- 
ing was often discursive. He would sometimes 
amuse himself with mathematical calculations. 
He found leisure to make himself acquainted 
with all the current news of the day. Yet he 
spared no time for the diversions of society, 
went into little company, and rarely appeared 
at public dinners. At home he was always gay 
and cheerful. He was utterly devoid of cere- 
mony. His dress was good, but he was very 
careless of it ; if it rained, he was as likely to 
be seen without as with an umbrella. The fur- 
niture of his office was plain and ordinary. 
But while he was totally neglectful of these tri- 
fles, he was never inattentive to the feelings of 
others. High and low were sure of meeting 
from him a kind and courteous reception. Yet 
his was no studied politeness ; it was the natu- 
ral offspring of a good heart ; and the full en- 
ergies of his mind were devoted to the great 
and interesting topics which agitated individuals 



MEMOIR OF EMMET. 131 

and nations. His appropriate sphere was active 
life ; and he may well be pronounced fortunate, 
since he filled the station for which nature and 
education peculiarly qualified him. Although 
the prime of his life was darkened by misfor- 
tune ; although he was severely disciplined by 
the hardships of imprisonment and the bitter- 
ness of exile, yet he was trusted and revered in 
the land where he was persecuted as a rebel, 
and in the country of his adoption, where he 
arrived in the vigour of his manly strength, 
and held the erect attitude of an unbroken and 
unbending spirit, he readily obtained the confi- 
dence of all those who became acquainted with 
him, mingled largely in the transaction of im- 
portant affairs, placed himself at the head of 
his profession without leaving one blot on his 
escutcheon for envy to point its finger at, and 
acquired a brilliant reputation as a lawyer and 
an orator. That nothing might be wanting to 
complete the happy fortune which Providence 
seemed to bestow upon his mature life, in some 
sort as a compensation for the sufferings of his 
early manhood, he did not waste away in the 
gradual decay of imbecile old age, but died in 



132 



MEMOIR OF EMMET. 



the fulness of his years, cut off in the very- 
field of his honourable triumphs. His remains 
were consigned to the dust by affectionate 
children, whom he had been permitted to see 
already filling a space in the public eye ; and 
the community in which he had lived, paid a 
willing tribute of love and honour to his me- 
morv. 











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